3627" 

M6ft|r-. 

1918 


REPORT  OF  THE 

Missouri  Children’s 
Code  Commission 


Appointed  by  Governor  Frederick 
D.  Gardner  to  revise  and  codify 
the  laws  relating  to  children,  for 
submission  to  the  50th  General 
Assembly  in  1919. 


Return  this  book  on  or  before  the 
Latest  Date  stamped  below. 


University  of  Illinois  Library 


REPORT  OF  THE 

MISSOURI  CHILDREN’S 
CODE  COMMISSION 


A  complete  revision  of  the  laws  for 
the  welfare  of  Missouri  children. 


1918 


Prepared  by  the  Missouri  Children’s  Code 
Commission  appointed  by  Governor  Freder¬ 
ick  D.  Gardner  to  revise  and  codify  the 
laws  relating  to  children,  for  submission  to 
the  50th  General  Assembly  in  1919. 


Printers 


UIHtUT 


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1318 


LETTER  OF  TRANSMITTAL  TO 
LEGISLATURE. 

EXECUTIVE  OFFICES. 

State  of  Missouri. 


City  of  Jefferson. 

FREDERICK  D.  GARDNER,  Governor. 


November  4,  1918. 

To  the  Members  of  the  Fiftieth  General  Assembly: 

To  safeguard  the  interests  of  its  children,  is  one  of  the 
first  duties  of  the  Commonwealth.  The  war  has  created  a  situa¬ 
tion  with  regard  to  children  that  demands  our  serious  attention. 
We  should  oppose  all  attempts  to  relax  the  standards  of  child 
welfare,  to  weaken  the  school  system  and  to  break  down  child 
labor  laws.  We  must  strengthen  and  develop  our  legislative 
standards  of  child-care  to  enable  the  children  to  assist  in  the 
progress  of  democracy  after  the  war. 

The  Children’s  Code  Commission  was  appointed  because 
there  was  a  need  for  the  revision  of  the  laws  of  the  state  relating 
to  children.  Conflicting  laws  must  be  harmonized,  obsolete  pro¬ 
visions  repealed  and  new  standards  created.  The  49th  General 
Assembly  did  well  in  enacting  several  of  the  laws  recommended 
by  the  Commission,  but  it  did  not  go  far  enough.  The  program 
proposed  by  the  Commission  this  year  is  comprehensive  and  con¬ 
structive.  The  measures  are  closely  correlated  and  I  ask  you 
to  give  careful  consideration  to  the  proposed  laws  as  a  whole. 
(Signed)  FREDERICK  D.  GARDNER, 

Governor. 


CD 


(a) 


£ 


TABLE  OF  CONTENTS 


Page 

Governor  Gardner’s  Letter  of  Transmittal  to  the  Legislature .  3 

Letter  of  Transmittal  to  Governor  Gardner .  6 

Members  of  the  Commission .  7 

PART  I. 

GENERAL  REPORT  OF  THE  COMMISSION. 

Statement  by  the  Chairman .  11 

Foreword .  14 

New  Measures  Proposed  by  the  Commission .  17 

Measures  Endorsed  by  the  Commission  Not  Included  in  the  Code .  19 

Chapter  I. 

Discussion  of  General  Laws  for  the  Protection  of  Children .  20 

Chapter  II. 

Discussion  of  Laws  Relating  to  Marriage .  27 

Chapter  III. 

Discussion  of  Public  Administration  of  Laws  Relating  to  Social  Welfare .  30 

Chapter  IV. 

Discussion  of  Laws  Relating  to  Care  and  Treatment  of  Delinquent  Children .  41 

Chapter  Y. 

Discussion  of  Laws  Relating  to  Care  of  Dependent  Children .  47 

Chapter  VI. 

Discussion  of  LaWs  Relating  to  Care  of  Defective  Children .  52 

CHAPTER  VII. 

Discussion  of  Laws  Relating  to  Employment  of  Children. . .  59 

Chapter  VIII. 

Discussion  of  Laws  Relating  to  Education  and  the  Compulsory  School  Attendance 

Law .  66 

Chapter  IX. 

Discussion  of  Laws  Relating  to  Health  and  Recreation .  70 

PART  II. 

DRAFTS  OF  LAWS  TO  BE  SUBMITTED  TO  THE  50th  GENERAL  ASSEMBLY  OF 
MISSOURI,  JANUARY,  1919. 

Statement . 77 

Expenditures  Required  to  Make  Effective  the  Recommendations  of  the  Commission.. .  .  78 

Chapter  I. 

1.  Relating  to  Abandonment  of  Children . 83 

2.  Relating  to  Desertion  of  Wife  and  Child .  84 

3.  Raising  the  Age  of  Consent .  86 

4a.  Relating  to  the  Care  and  Support  of  Children  Born  Out  of  Wedlock .  87 

b.  Relating  to  the  Care  and  Support  of  Children  Born  Out  of  Wedlock .  89 

c.  Relating  to  the  Care  and  Support  of  Children  Born  Out  of  Wedlock .  91 

d.  Relating  to  the  Care  and  Support  of  Children  Born  Out  of  Wedlock .  92 

5.  Protecting  the  Infant  Before  and  After  Birth .  93 

6.  Recovery  for  Prenatal  Injury .  94 

7a.  Age  of  Majority  of  Girls .  95 

b.  Age  of  Majority  of  Girls .  95 

c.  Age  of  Majority  of  Girls .  96 

Chapter  II. 

la.  Prohibiting  the  Marriage  of  Feeble-minded,  Epileptic,  Insane  or  Mentally 

Imbecile  Persons .  99 

b.  Prohibiting  the  Marriage  of  Feeble-minded,  Epileptic,  Insane  or  Mentally 

Imbecile  Persons .  100 

2.  Requiring  Notice  of  Intention  to  Marry .  101 

(4) 


46J 


Table  of  Contents , 


5 


Page 

3.  Abolishing  Common-Law  Marriages .  103 

4.  Establishing  Age  of  Marriage  for  Girls  at  Fifteen .  104 

5.  Form  of  Marriage  License .  105 

Chapter  III. 

1.  Appointment  of  County  Superintendent  of  Public  Welfare .  Ill 

2.  Changing  Name  of  County  Boards  of  Visitors  to  County  Boards  of  Welfare.  .  .  116 

3.  Social  Welfare  Boards  in  Cities  of  Second  and  Third  Class .  119 

4.  State  Board  of  Charities  May  Close  Institutions  Found  to  be  Unfit .  122 

5.  Institutional  Care  for  Colored  Children .  123 

Chapter  IV. 

1.  Treatment  of  Adults  Contributing  to  Delinquency  or  Neglect  of  Children.  . . .  127 

2.  Relating  to  Commitments  to  Missouri  Reformatory  aind  Missouri  Training 

School  for  Boys .  129 

3.  Relating  to  Commitments  to  Industrial  Home  for  Girls .  132 

4.  Relating  to  Commitments  to  Industrial  Home  for  Negro  Girls .  134 

5.  Separating  Training  School  for  Boys  from  the  Reformatory .  136 

6.  Appointment  of  Probation  Officers  in  the  Criminal  Courts .  140 

7.  Treatment  of  Incorrigible  Minors  Over  Juvenile  Court  Age .  142 

8.  Repealing  Conflicting  Statute .  143 

9.  Repealing  Conflicting  Statute .  143 

10.  Repealing  Obsolete  Statute .  143 

Chapter  V. 

1.  State  Supervision  of  Maternity  Hospitals .  147 

2.  State  Supervision  of  Private  Child-Caring  Institutions .  148 

3.  Establishing  a  State  Home  for  Dependent  Children .  150 

Chapter  VI. 

1.  Relating  to  Compulsory  Commitment  of  Dependent  Feeble-minded  Persons 

to  State  Institutions .  157 

2.  Providing  Increased  Facilities  for  the  Care  of  the  Feeble-minded .  160 

3.  Commitment  of  Deaf  Children  to  State  Institution .  161 

4.  Special  Classes  for  Defective  Children  in  the  Public  Schools .  162 

5.  Creation  of  a  Burfeau  for  Mental  Defectives .  164 

Chapter  VII. 

1.  Age  at  Which  Children  May  Work — Hours  of  Work  for  Children .  169 

2.  Issuance  of  Employment  Certificates .  171 

3.  Relating  to  Employment  of  Children  in  Street  Trades .  174 

4.  Employment  of  Children  Under  J6  in  Certain  Dangerous  Occupations  Prohibited  177 
Chapter  VIII. 

1.  Relating  to  Compulsory  School  Attendance .  181 

2.  State  Superintendent  of  Schools  Shall  Supervise  Work  of  Instruction  in  Certain 

State  Institutions . 185 

Chapter  IX. 

1.  Creation  of  a  Division  of  Child  Hygiene .  189 

2.  Treatment  of  Eyes  of  New-born  Infants .  190 

3.  State-wide  Use  of  School  Buildings  for  Community  Purposes .  191 


APPENDIX  I. 

Statement  in  Support  of  Proposed  Laws  for  the  Care  and  Support  of  Children  Born  Out 

of  Wedlock .  195 

APPENDIX  II. 

References  to  Studies  and  Reports  on  Conditions  Affecting  Children  in  Missouri .  199 

APPENDIX  III. 

References  to  Laws  in  the  Children’s  Code  Enacted  at  the  49th  General  Assembly,  1917.  204 

APPENDIX  IV. 

Statement .  205 

Juvenile  Court  Act  Proposed  by  the  Commission  at  the  49th  General  Assembly .  206 

Acts  to  Establish  County  Boards  of  Public  Welfare  Proposed  by  the  Commission  at 

the  49th  General  Assembly .  219 


LETTER  OF  TRANSMITTAL  TO 
GOVERNOR. 


St.  Louis,  October  17,  1918. 

Honorable  Frederick  D.  Gardner, 

Governor  of  Missouri. 

Dear  Sir: 

I  have  the  honor  to  submit  herewith  the  report  of  the  Mis¬ 
souri  Children’s  Code  Commission,  appointed  by  you  in  1917  to 
continue  the  work  of  the  Commission  appointed  in  1915  to  revise 
and  codify  the  laws  of  the  state  relating  to  children. 

The  members  of  this  Commission,  which  was  appointed 
since  United  States’  entry  in  the  war,  have  felt  that  their  task  is 
one  of  more  than  ordinary  significance. 

The  set  of  legislative  bills,  termed  the  Children’s  Code, 
appended  to  the  report  has  been  prepared  with  a  view  to  meet¬ 
ing  after-war  problems  which  will  confront  the  children  of  the 
future. 

We  earnestly  believe  that  this  set  of  children’s  laws,  if  en¬ 
acted  as  a  whole,  will  enable  Missouri  to  properly  safeguard  the 
children  of  the  state  in  the  critical  period  of  readjustment  after 
the  war. 

We  respectfully  present  this  report  to  you  and  to  the  mem¬ 
bers  of  the  50th  General  Assembly,  as  a  preliminary  step  in 
Missouri’s  reconstruction  program. 

Very  truly  yours, 

(Signed)  RHODES  E.  CAVE, 

Chairman. 


(6) 


MEMBERS  OF  THE  COMMISSION 

Chairman : 

Former  Judge  Rhodes  E.  Cave, 

St.  Louis. 

Executive  Secretary: 

Lucille  B.  Lowenstein, 

Washington  Hotel,  St.  Louis. 

Executive  Committee: 

Former  Judge  Rhodes  E.  Cave,  Chairman, 

St.  Louis. 

Senator  Carter  M.  Buford, 

Ellington. 

I.  I.  Cammack, 

Superintendent  of  Instruction, 

Kansas  City. 

J.  D  Elliff, 

State  Director  of  Vocational  Education, 

Jefferson  City. 

L.  A.  Halbert, 

Special  Representative  War  Camp  Community  Service, 
Kansas  City. 

J.  L.  Hornsby, 

Attorney, 

St.  Louis. 

Prof.  Manley  O.  Hudson, 

Professor  of  Law,  University  of  Missouri, 

Columbia. 

Mrs.  Harry  C.  January, 

Secretary  Consumers’  League  of  Missouri, 

St.  Louis. 

Senator  Michael  Kinney, 

St.  Louis. 

Dr.  George  B.  Mangold, 

Director,  Missouri  School  of  Social  Economy, 

St.  Louis. 

Senator  Edwin  L.  Moore, 

Lamar. 

Col.  M.  Shoenberg, 

St.  Louis. 

Mrs.  George  A.  Still, 

President,  Missouri  Federation  of  Women’s  Clubs, 
Kirksville. 

J.  L.  Wagner, 

Secretary,  State  Board  of  Charities  and  Corrections, 
Jefferson  City. 


(7) 


Members  of  the  Commission. 


140 


MEMBERS. 


Jacob  Billikopf, 

Superintendent,  Jewish  Educational  Institute, 

Kansas  City. 

Judge  Frank  P.  Divelbiss, 

Richmond. 

Judge  V.  L.  Drain, 

Shelbyville. 

Lee  Dunlap, 

State  Factory  Inspector, 

Kansas  City. 

Judge  David  H.  Harris, 

Fulton. 

W.  K.  James, 

Member  49th  General  Assembly, 

St.  Joseph. 

Prof.  Isidor  Loeb, 

Dean,  University  of  Missouri, 

Columbia. 

Uel  W.  Lamkin, 

State  Superintendent  of  Public  Schools, 

Jefferson  City. 

Mrs.  Philip  N.  Moore, 

Chairman,  Municipal  Nurses’  Board, 

St.  Louis. 

R.  B.  Oliver, 

Cape  Girardeau. 

Mrs.  J.  H.  Sheldon, 

President,  Missouri  Congress  of  Mother  Circles  and  Parent-Teachers’ 
Association,  Kansas  City. 

William  Volker, 

Kansas  City. 

Dr.  J.  E.  W.  Wallin, 

Director,  Psycho-Educational  Clinic, 

St.  Louis. 

Senator  Lee  Welch, 

Mountain  View. 

Attorney  for  Commissson: 

Edward  D’Arcy, 

St.  Louis. 


PART  1 


GENERAL  REPORT  OF  THE  COMMISSION. 


STATEMENT  BY  THE  CHAIRMAN. 


The  1917  Children’s  Code  Commission  was  appointed  by 
Governor  Frederick  D.  Gardner  to  continue  the  work  of  the 
Commission  appointed  in  1915  to  revise  and  codify  the  laws 
relating  to  children,  whose  term  had  expired  upon  adjournment 
of  the  49th  General  Assembly. 

Only  a  part  of  the  Children’s  Code,  prepared  by  the  1915 
Commission,  was  enacted  at  the  1917  session  of  the  legislature. 
The  remainder  of  these  laws  forms  the  basis  of  the  new  Com¬ 
mission’s  report. 

Reconsideration  of  some  of  the  measures  prepared  by  the 
1915  Commission,  notably  the  creation  of  administrative  machin¬ 
ery  in  the  counties,  and  careful  study  of  the  child  welfare  problems 
arising  because  of  the  war,  have  resulted  in  changes  in  the  set  of 
laws.  These  changes  are  explained  in  the  discussion  of  the  pro¬ 
posed  legislation  which  follows. 

The  work  of  preparing  the  Code  involved  three  processes: 

(1)  Revising  present  statutes  which  are  inconsistent  or  in 
conflict. 

(2)  Repealing  obsolete  or  undesirable  statutes. 

(3)  Recommending  entirely  new  legislation. 

The  Commission  desires  to  call  attention  to  the  fact  that 
most  of  the  measures  recommended  are  interdependent;  the 
failure  of  one  of  the  group  will  render  ineffective  or  nullify  many 
of  the  others.  For  instance,  the  1917  legislature  passed  a  bill 
providing  for  treatment  of  incorrigible  minors  over  18  years  of 
age  in  the  juvenile  courts.  At  the  same  time,  the  proposed 
juvenile  court  act,  which  raised  the  juvenile  court  age  to  18 
years,  and  the  act  to  make  21  years  the  age  of  majority  for  girls, 
were  defeated.  The  resulting  inconsistency  has  made  impossible 
the  practical  working  out  of  the  law  which  was  enacted.  Boys 
between  17  (the  present  juvenile  court  age)  and  18  years,  are 
not  covered  by  the  act.  Girls  (who  now  become  of  age  at  18) 
are  entirely  outside  its  provisions.  Thus,  one  of  the  primary 
objects  of  the  Commission,  to  correct  such  inconsistencies  in 
the  statutes,  is  defeated. 

The  Commission  regards  the  administration  of  existing  laws 
and  of  the  proposed  laws  as  the  most  important  matter  before 


(ii) 


12 


Report  of  the  Missouri 


[46 


it.  We  desire  to  point  out  that  the  successful  administration  of 
practically  all  of  the  laws  in  the  Code  depends  upon  the  enact¬ 
ment  of  the  bill  for  the  appointment  of  a  superintendent  of 
public  welfare  in  each  county. 

The  Commission  in  some  cases  has  merely  presented  recom¬ 
mendations  for  action  by  the  legislature  without  submitting 
drafts  of  bills.  In  each  case  this  is  to  be  explained  because  (1) 
some  other  body  is  preparing  or  introducing  the  needed  legisla¬ 
tion,  (2)  the  expenses  incident  to  its  adoption  would  be  pro¬ 
hibitive  at  present,  and  (3)  the  recommendation  is,  in  the  judg¬ 
ment  of  the  Commission,  impracticable  of  adoption  now. 

Except  where  the  subject  is  clearly  within  the  sphere  and 
interest  of  children,  the  Commission  has  not  attempted  to  cover 
matters  which  apply  to  adults  as  well  as  children. 

The  Commission  recommends  that  the  Revision  Committee 
of  the  50th  General  Assembly  bring  together  in  one  part  of  the 
statutes  all  the  laws  relating  to  children,  so  as  to  form  in  fact  in 
the  body  of  the  laws  a  Children’s  Code.  Where  the  inclusion  of 
laws  relating  to  children  is  impossible,  we  recommend  special 
indexing  of  the  statutes  to  show  clearly  such  reference.  The 
Commission  has  published  a  separate  pamphlet  showing  an¬ 
notated  references  to  all  present  statutes  relating  to  children, 
classified  alphabetically  under  appropriate  headings  by  the 
Federal  Children’s  Bureau  at  Washington. 

The  revision  and  codification  of  children’s  laws  in  Missouri 
is  part  of  a  national  movement  to  co-ordinate  and  harmonize 
these  laws  within  the  states,  and  to  obtain,  so  far  as  practicable, 
uniformity  of  legislation  affecting  children  throughout  the 
country.  Ohio  led  off  in  1913  with  a  revision  and  codification 
of  the  laws  of  that  state;  two  years  later  New  Hampshire  revised 
its  laws  relating  to  special  classes  of  children.  In  1914  the 
National  Committee  for  Standardizing  Children’s  Laws  was  or¬ 
ganized  to  further  the  development  of  this  idea.  Under  the 
stimulus  of  this  committee  official  commissions  or  voluntary 
committees  have  been  formed  in  many  states.  In  1917  the 
Minnesota  and  Missouri  Children’s  Codes  were  submitted  to 
the  legislatures  of  those  states.  Of  the  43  measures  recom¬ 
mended  by  the  Minnesota  Child  Welfare  Commission,  35  were 
adopted,  while  only  10  of  the  42  bills  submitted  by  the  Missouri 
Commission  were  enacted  into  law. 

The  Commission  is  composed  of  28  members  who  have 
given  their  services  without  compensation;  the  necessary  ex- 


46] 


Children's  Code  Commission. 


13 


penses  have  been  met  by  contributions  of  interested  persons 
and  organizations.  Several  of  the  members,  called  out  of  the 
state  for  government  service,  have  continued  their  work  by  cor¬ 
respondence.  An  executive  committee,  composed  of  the  following 
members,  has  met  frequently:  Judge  Rhodes  E.  Cave,  chairman, 
St.  Louis;  Senator  Carter  M.  Buford,  Ellington.  Mr.  I.  I.  Cam- 
mack,  Superintendent  of  Instruction,  Kansas  City.  Mr.  J.  D. 
Elliff,  State  Director  of  Vocational  Education,  Jefferson  City. 
Mr.  L.  A.  Halbert,  Special  Representative  War  Camp  Com¬ 
munity  Service,  Kansas  City.  Mr.  J.  L.  Hornsby,  St.  Louis.  Prof. 
Manley  0.  Hudson,  Professor  of  Law,  University  of  Missouri, 
Columbia.  Mrs.  Harry  C.  January,  Secretary,  Consumers’ 
League,  St.  Louis.  Senator  Michael  Kinney,  St.  Louis.  Dr. 
George  B.  Mangold,  Director,  Missouri  School  of  Social  Eco¬ 
nomy,  St.  Louis.  Senator  Edwin  L.  Moore,  Lamar.  Col.  M. 
Shoenberg,  St.  Louis.  Mrs.  George  A.  Still,  President,  Missouri 
Federation  of  Women’s  Clubs,  Kirksville  and  Mr.  J.  L.  Wagner, 
Secretary,  State  Board  of  Charities  and  Corrections,  Jefferson 
City. 

On  March  26,  1918,  the  Commission  held  an  all-day  con¬ 
ference  in  St.  Louis  attended  by  persons  interested  in  child  wel¬ 
fare  from  all  over  the  state.  Open  hearings  were  conducted  on 
the  proposed  measures  concerning  child  labor  and  school  at¬ 
tendance,  public  administration,  delinquent  and  neglected  chil¬ 
dren,  general  laws  for  the  protection  of  children,  state  supervision 
of  child-caring  institutions,  and  laws  for  the  care  of  defective 
children,  and  criticisms  and  suggestions  were  invited.  The 
Commission  gratefully  acknowledges  the  assistance  of  Mr.  W.  H. 
Swift,  of  the  National  Child  Labor  Committee,  for  his  assistance 
at  this  conference. 

The  Commission  submits  this  report  to  the  Governor  and 
to  the  members  of  the  legislature,  believing  that  the  enactment 
of  this  legislation  will  enable  Missouri  to  properly  safeguard  its 
children  in  the  critical  period  of  readjustment  when  the  war  ends. 

(Signed)  RHODES  E.  CAVE, 

Chairman. 


14 


Report  of  the  Missouri 


[46 


FOREWORD. 

CHILDREN  IN  WAR-TIME. 

The  war  has  affected  thousands  of  children  in  the  warring 
countries;  juvenile  delinquency  has  increased,  more  children  have 
been  employed  under  adverse  conditions,  homes  have  been 
broken  and  the  health  of  mothers  and  babies  has  been  endangered 
by  the  increased  employment  of  women. 

The  United  States  Children’s  Bureau  issued  a  statement  on 
April  11,  1917,  calling  upon  the  people  of  this  country  to  make 
all  possible  provision  to  prevent  similar  harm  to  the  children  of 
America.  All  attempts  to  lower  the  standards  of  education  and 
to  withdraw  industrial  protection  to  children  must  be  resisted 
and  increased  efforts  must  be  made  to  develop  child  welfare 
work  in  both  public  and  private  agencies. 

CHILDREN  AFTER  THE  WAR. 

Now  is  the  time  to  prepare  for  the  problems  that  will  con¬ 
front  us  as  a  nation  after  the  war.  In  considering  the  problems 
of  the  children  of  to-day,  the  Children’s  Code  Commission  has 
viewed  them  in  the  light  of  the  future.  The  citizens  of  to-morrow 
must  be  fully  equipped  to  assist  in  the  development  of  world¬ 
wide  democracy.  In  order  to  do  this  the  state  must  place  educa¬ 
tion  and  training  for  life  and  work  within  the  reach  of  every  fu¬ 
ture  citizen.  In  addition,  the  state  must  take  all  necessary  steps 
to  provide  treatment  for  children  with  mental  or  physical  defects; 
to  care  for  the  destitute  and  neglected  children,  and  to  prevent 
poverty,  disease  and  crime. 

JUVENILE  POPULATION  IN  MISSOURI,  1917. 

When  we  consider  that  in  1917  Missouri  had  a  population  of 
1,481,085  children  under  21  years  of  age,  ranking  seventh  among 
the  states  in  number  of  children,  we  begin  to  realize  the  size  of 
the  task  that  confronts  us  in  shaping  the  future  of  the  rising 
generation. 


46^ 


Children  s  Code  Commission. 


15 


The  following  table  shows  the  age  groups  of  this  number: 


76,886  are  under  1  year  of  age 
69,136  are  1  years  old 
76,445  are  2  years  old 
76,478  are  3  years  old 
75,977  are  4  years  old 
72,404  are  5  years  old 
74,155  are  6  years  old 
68,777  are  7  years  old 
69,366  are  8  years  old 
67,057  are  9  years  old 
68,121  are  10  years  old 


63,324  are  11  years  old 
69,014  are  12  years  old 
66,030  are  13  years  old 
70,668  are  14  years  old 
65,653  are  15  years  old 
71,273  are  16  years  old 
68,182  are  17  years  old 
73,914  are  18  years  old 
68,412  are  19  years  old 
69,806  are  20  years  old 


That  the  problem  of  caring  for  children  in  Missouri  is  dis¬ 
tinctly  a  rural  one  is  shown  by  the  fact  that  of  the  total  number 
of  children  in  the  state  65%  live  in  the  rural  districts;  35%  in 
the  cities  and  smaller  towns. 

In  spite  of  this  fact,  little  or  no  attention  has  been  given  to 
child  welfare  work  in  the  country  communities.  The  health  of 
children  in  the  cities  is  safeguarded  by  well  organized  depart¬ 
ments  of  health;  little  has  been  done  to  improve  the  sanitary  con¬ 
ditions  in  the  rural  communities  and  practically  nothing  in  edu¬ 
cating  mothers  in  the  proper  care  of  infants.  Education  is  being 
guaranteed  children  of  the  cities  by  a  full-term  compulsory  school 
attendance  law  and  by  attendance  departments  in  the  boards  of 
education  to  enforce  its  provisions;  in  the  state,  attendance  is  re¬ 
quired  only  three-quarters  of  the  term  and  no  attendance  officers 
employed  to  keep  children  at  school.  Child  workers  in  the  are 
cities  and  large  industrial  centers  are  protected  by  a  child-labor 
law  which  prohibits  the  employment  of  children  under  14  years 
in  every  occupation  but  agriculture  and  domestic  pursuits,  and 
factory  inspectors  enforce  its  provisions  in  cities  of  10,000  popu¬ 
lation  and  over.  Juvenile  courts  were  established  in  the  six 
largest  counties  and  the  city  of  St.  Louis  several  years  ago;  the 
juvenile  court  law  for  the  smaller  counties  of  the  state  was  en¬ 
acted  as  a  part  of  the  Children’s  Code  in  1917  and  probation 
officers  are  just  now  being  appointed  in  the  counties.  Special 
classes  for  defective  children  have  been  established  in  St.  Louis 
and  Kansas  City  only;  in  the  counties  these  children  are  being 
housed  in  almshouses,  jails  and  other  improper  places  because 
no  adequate  provision  for  their  training  has  been  made.  Machin¬ 
ery  for  the  administration  of  children’s  laws  and  of  all  matters 
relating  to  the  welfare  of  the  community  has  been  created  in 
St.  Louis,  Kansas  City,  and  St.  Joseph;  in  the  counties  there  is 
no  one  agent  or  agency  to  look  after  these  matters. 


16 


Report  of  the  Missouri 


146 


The  following  table  shows  the  number  of  children  under  15 
years  of  age  living  in  the  three  cities,  in  which  child  welfare  work 
is  being  carried  on  by  the  city  authorities: 

— 1917— 


St.  Louis .  177,822 

Kansas  City .  54,845 

St.  Joseph .  19,455 


252,122  Total  number  of  children  under  15  years 
of  age  in  these  3  cities. 

1,063,838  Total  number  of  children  under  15  years 
oi  age  in  the  state. 

How  long  will  the  people  in  the  rural  districts  permit  their 
children  to  suffer  these  injustices? 

Figures  in  this  statement  are  based  on  those  given  in  the  Handbook  of  Federal  Statistics 
of  Children,  Federal  Children’s  Bureau  Publication  No.  5,  Part  1,  and  in  the  Missouri  Red 
Book,  1917. 


46] 


Children's  Code  Commission. 


17 


NEW  MEASURES  PROPOSED  BY  THE  COMMISSION. 

GENERAL  LAWS  FOR  THE  PROTECTION  OF  CHILDREN. 

Page 

1.  State  supervision  of  private  agencies  caring  for  children .  48 

2.  Providing  for  support  of  children  born  out  of  wedlock .  22 

3.  Raising  the  age  of  consent  to  16  years .  22 

4.  Establishing  the  age  of  marriage  at  15  years .  28 

5.  Abolishing  the  common-law  marriage .  28 

6.  Requiring  five  days’  notice  before  issuance  of  marriage  licenses .  28 

7.  Making  provision  for  the  extradition  of  child-deserters .  21 

8.  Prohibiting  the  employment  of  women  three  weeks  before  and  three 

weeks  after  child-birth .  24 

9.  Establishing  a  State  Home  for  Dependent  Children .  51 

FOR  THE  CARE  OF  DELINQUENT  AND  NEGLECTED  CHILDREN 

1.  Providing  for  the  punishment  of  adults  responsible  for  the  delin¬ 
quency  and  neglect  of  children .  42 

2.  Providing  for  probation  officers  in  the  criminal  courts .  44 

3.  Permitting  the  commitment  of  girls  between  7  and  21  years  to  the 

Industrial  Home  for  Girls  and  the  Industrial  Home  for  Negro  Girls; 
providing  that  women  attendants  accompany  these  girls  to  the  in¬ 
stitutions .  43 

4.  Prohibiting  the  commitment  of  neglected  and  dependent  children  to 

the  state  reformatories .  42 

5.  Separating  the  state  training  school  for  boys  from  the  reformatory .  44 

FOR  THE  CARE  OF  DEFECTIVE  CHILDREN. 

1.  Establishment  of  a  Bureau  for  Mental  Defectives  in  the  University 
of  Missouri  to  serve  the  schools,  courts  and  institutions  of  the  state 

in  the  examination  of  defective  children .  56 

2.  Giving  the  courts  power  to  commit  dependent  feeble-minded  persons 

to  the  state  institutions  for  their  care .  53 

3.  Increased  facilities  for  the  care  of  the  feeble-minded .  54 

4.  Establishment  of  special  classes  for  feeble-minded,  deaf,  blind  and 

crippled  children  in  the  public  schools .  54 

5.  Prohibiting  the  marriage  of  insane,  feeble-minded  and  epileptic 

persons .  27 

6.  Providing  for  the  care  of  feeble-minded  negroes .  54 

7.  Special  care  for  feeble-minded  delinquents  and  immoral  women ....  54 

CHILD  LABOR  AND  EDUCATION. 

1.  Prohibiting  the  employment  of  children  under  14  years  in  any  occu¬ 

pation,  except  that  such  children  may  work  at  agricultural  pursuits 
when  school  is  not  in  session .  60 

2.  Raising  the  age  limits  for  boys  in  street  trades  to  12  years,  and  for  girls 

to  18,  and  requiring  licenses  and  badges .  63 

3.  Prohibiting  the  employment  of  children  under  16  years  more  than 

8  hours  in  one  day  or  48  hours  a  week  or  between  7  p.  m.  and  7.  a  m. .  60 

2 


146 


18  Report  of  the  Missouri 

Page 

4.  Prohibiting  children  under  21  years  from  night  messenger  service.  .  63 

5.  Prohibiting  the  employment  of  girls  under  18  years  in  messenger 

service .  64 

6.  Prohibiting  the  employment  of  children  under  16  years  in  mines, 

underground  work,  on  power  machinery  and  prohibiting  their  em¬ 
ployment  on  the  stage  unless  a  special  permit  has  been  obtained ....  64 

7.  Requiring  physical  examination  and  completion  of  eighth  grade  in 
school  for  the  issuance  of  employment  certificates  to  children  between 


14  and  16  years .  61 

8.  Issuing  age  proof  to  children  between  16  and  18  years,  to  be  filed  with 

the  employer .  62 

9.  Raising  the  compulsory  school  attendance  age  to  16  years,  unless  the 

child  has  completed  the  eighth  grade .  67 

10.  Exemption  from  school  attendance  may  be  granted  by  the  attendance 
officer  for  physical  or  mental  incapacity,  except  where  special  classes 

for  these  children  are  established .  68 

11.  Giving  the  State  Board  of  Charities  power  to  place  a  defective  child 
in  need  of  special  training  in  a  school  district  where  special  classes 
have  been  established;  the  expense  of  transportation  and  maintenance 

of  such  child  to  be  charged  to  the  county  where  it  resided .  68 

12.  Prohibiting  exemption  from  school  attendance  because  of  poverty  of 

parents .  67 

13.  Requiring  school  attendance  for  the  full  school  term .  67 


14.  Requiring  working  children  between  14  and  16  years  to  attend  con¬ 
tinuation  schools  for  at  least  eight  hours  a  week  between  8  a.  m.  and 
5.  p.  m.;  requiring  working  children  under  18  years  who  have  not 
completed  the  eighth  grade  in  school  to  attend  continuation  schools 


for  the  same  length  of  time .  67' 

15.  Supervision  of  work  of  instruction  in  certain  state  institutions  a  duty 

of  the  state  superintendent  of  public  schools .  68 

FOR  THE  PROTECTION  OF  THE  HEALTH  OF  CHILDREN. 

1.  Establishing  a  Division  of  Child  Hygiene  in  the  State  Board  of  Health 

to  regulate  conditions  affecting  the  health  of  children .  71 

2.  State- wide  physical  inspection  of  school  children .  72 

3.  Supervision  and  control  of  the  practice  of  midwifery .  72 

4.  Sanitary  supervision  of  rural  schools .  72 

5.  Requiring  treatment  of  the  eyes  of  new-born  infants  with  a  solution 

approved  by  the  State  Board  of  Health . .. .  72 

TO  PROVIDE  RECREATION. 

State-wide  use  of  school  buildings  for  community  purposes .  73 


FOR  ADMINISTRATION  OF  THE  LAWS. 

The  appointment  of  a  County  Superintendent  of  Public  Welfare  by  the 
county  court,  such  appointment  to  be  made  from  a  list  of  eligible  persons 
prepared  by  the  State  Board  of  Charities  and  Corrections.  The  super¬ 
intendent  of  welfare  and  his  assistants  may  act  as  attendance,  probation, 
and  parole  officers  for  children;  as  parole  officer  for  adults;  as  local 
agent  of  the  state  free  employment  bureau,  and  as  deputy  of 
the  State  Factory  Inspector  when  requested;  as  placing-out  agent  for  the 
State  Board  of  Charities  in  finding  homes  for  destitute  children;  as  super¬ 
visor  of  persons  released  from  the  state  hospitals  for  the  insane;  and  in 
administering  mothers’  pensions  and  other  outdoor  relief .  34 


46] 


Children  s  Code  Commission. 


19 


MEASURES  ENDORSED  BY  THE  COMMISSION  NOT 
INCLUDED  IN  THE  CODE. 

FOR  THE  CARE  OF  DEFECTIVE  CHILDREN. 

1.  The  establishment  of  observation  wards  in  the  state  hospitals  for  the 
insane  for  the  treatment  of  ineipiently  insane  children. 

2.  Separate  institutionalcare  for  the  epileptic. 

FOR  THE  PROTECTION  OF  CHILD  WORKERS. 

1.  Establishment  of  a  system  of  vocational  guidance  in  the  public  schools. 

2.  Creation  of  divisions  in  the  state  free  employment  bureaus  for  the  em¬ 
ployment  of  children  between  14  and  16  years. 

HEALTH  MEASURES. 

1.  Enlarged  powers  for  the  State  Board  of  Health. 

2.  Creation  of  a  state  board  for  licensing  physicians  and  regulating  the  prac¬ 
tice  of  medicine,  separate  from  the  State  Board  of  Health. 

3.  Reorganization  of  county  health  work. 

FOR  THE  ADMINISTRATION  OF  LAWS. 

1.  Creation  of  a  State  Industrial  Commission. 

2.  Bi-partisan  boards  of  managers  for  the  state  institutions,  or  the  creation 
of  a  central  board  of  control. 

3.  Appointment  of  all  employes  of  state  institutions  on  merit  basis  after 
examination. 

4.  Employment  of  at  least  three  agents  in  the  Children’s  Bureau  of  the 
State  Board  of  Charities. 

RECREATION. 

1.  Separate  and  definite  appropriations  in  the  counties  for  the  establishment 
of  parks,  playgrounds  and  libraries. 

2.  Creation  of  a  State  Board  of  Reviews. 


20 


Report  of  the  Missouri 


[46 


CHAPTER  I. 


GENERAL  LAWS  FOR  THE  PROTECTION 
OF  CHILDREN. 

Present  Laws  Relating  to  Guardianship  and  Parentage 

of  Child. 

The  present  laws  governing  the  relation  of  parents  and 
child — those  relating  to  guardianship,  adoption,  children  born 
out  of  wedlock,  indeed  all  those  that  involve  the  legal  status  of 
the  child — have  existed  almost  without  change  through  many 
years.  Many  of  them  represent  the  old  fashioned  viewpoints 
which  have  been  abandoned  in  the  more  modern  legislation 
affecting  children  in  every  country.  The  method  of  adoption  in 
Missouri  was  changed  by  the  act  passed  as  part  of  the  Children’s 
Code  at  the  last  session  of  the  legislature.  Under  this  act  adoption 
is  made  a  court  proceeding,  application  to  be  made  in  the  juvenile 
court.  Previous  to  the  passage  of  this  law  adoption  of  children 
in  Missouri  was  by  deed,  without  a  court  proceeding,  just  as  in 
cases  of  transfer  of  real  estate. 

The  present  law  relating  to  wife  and  child  abandonment  is 
ineffective  and  incomplete.  It  does  not  provide  that  the  mother 
as  well  as  the  father  may  be  punished  for  deserting  a  child;  it 
does  not  protect  the  child  born  out  of  wedlock,  and  it  makes  no 
provision  for  bringing  back  the  deserter  who  leaves  the  state  in 
order  to  escape  punishment. 

The  present  law  relating  to  guardianship  of  abandoned  and 
neglected  children  needs  several  changes  to  make  it  harmonize 
with  the  juvenile  court  act. 

The  ancient  common  law  still  prevails  in  the  state  that 
“a  bastard  is  the  child  of  nobody.”  The  only  change  that  has 
been  made  in  the  old  common  law  is  that  the  bastard  is  per¬ 
mitted  to  inherit  from  its  natural  mother,  and  its  natural  mother 
may  inherit  from  it.  The  child  born  out  of  wedlock  has  no  claim 
whatever  on  his  father,  not  even  the  right  of  support.  The  mother 
is  solely  responsible;  if  she  fails,  both  the  mother  and  child  be- 


46] 


Children's  Code  Commission. 


21 


come  a  burden  to  the  community.  The  present  law  provides  no 
proceedings  to  determine  the  parentage  of  these  unfortunate 
children.  The  marriage  of  parents  legitimates  the  child  born  out 
of  wedlock  only  when  the  parents  recognize  the  child. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  Relating  to  Abandonment  of  Child. 

2.  Relating  to  Desertion  of  Wife  and  Child. 

The  extent  of  desertion  and  the  cost  to  the  community  of 
supporting  the  wife  and  children  of  a  deserter  is  seldom  realized. 
In  a  study  of  desertion  made  by  the  Kansas  City  Board  of  Public 
Welfare  in  1915  it  was  found  that  abandonment  had  thrown  1,863 
persons  upon  the  community  for  support,  at  a  cost  of  $54,569. 
The  moral  loss  upon  the  family  and  the  community  cannot  be 
estimated  in  dollars  and  cents. 

Abandonment  has  become  more  frequent  because  deserters, 
at  the  present  time,  are  allowed  to  leave  the  state  and  get  out  of 
reach  of  the  law.  If  a  man  forges  a  check  he  is  found  and  brought 
back;  if  a  man  deserts  his  family  no  funds  are  provided  for 
bringing  him  back.  The  deserter  should  be  found  and  made  to 
assist  in  the  support  of  the  family.  If  he  has  left  the  state  he 
must  be  brought  back  and  punished  by  the  courts. 

The  Board  of  Public  Welfare  of  Kansas  City  during  a  period 
of  four  years  brought  back  46  deserters  from  13  different  states, 
as  far  away  as  Washington  and  Virginia.  This  cost  the  Board 
less  than  $1,500  and  saved  the  community,  it  is  estimated, 
something  like  $12,000. 

The  Commission  recommends  the  following  amendments  to 
present  statutes: 

(1)  Placing  responsibility  on  parents  to  support  children 
up  to  16  years  in  order  to  cover  the  full  period  of  compulsory 
school  attendance. 

(2)  Making  provisions  apply  to  desertion  of  children  born 
out  of  wedlock. 

(3)  Including  fathers  who  desert  women  pregnant  with 
child. 

(4)  Providing  special  funds  for  extradition  of  deserters. 

Bills  for  the  above  recommendations  on  pages  83,  84. 


22 


Report  of  the  Missouri 


l46 


3.  Raising  the  Age  of  Consent  for  Girls. 

By  the  age  of  consent  for  girls  is  meant  the  age  below  which 
a  man  may  be  punished  by  imprisonment  in  the  penitentiary  for 
having  intercourse  with  a  girl  even  though  she  consent.  The 
present  age  of  consent  in  Missouri  is  15  years;  a  man  can  be 
prosecuted  for  having  intercourse  with  a  girl  between  15  and  18 
if  it  can  be  proven  that  she  is  of  “previous  chaste  character.” 

Most  states  have  set  a  higher  age  limit  than  the  present  age 
in  Missouri.  In  17  states  the  age  of  consent  is  18  years.  In 
20  states  girls  up  to  16  years  may  get  legal  redress.  The  highest 
age  for  which  protection  is  given  by  law  is  21.  Missouri  is  one 
of  only  four  states  with  the  15-year  limit. 

The  Commission  recommends  raising  the  age  of  consent  to 
16  years. 

Bill  for  the  above  recommendation  on  page  86. 

4.  Relating  to  the  Care  and  Support  of  Children 

Born  Out  of  Wedlock. 

The  laws  of  Missouri  make  absolutely  no  provision  for  the 
support  of  the  child  born  out  of  wedlock,  and  even  go  so  far  as 
to  provide  that  the  father’s  name  be  omitted  from  the  birth 
certificate.  Most  states  have  bastardy  laws  which  require  the 
father,  when  the  paternity  has  been  established,  to  assist  in  the 
support  of  the  child  and  contribute  toward  confinement  expenses. 
Missouri  is  one  of  the  few  states  in  which  the  mother  and  child 
are  helpless  before  the  law. 

The  whole  problem  of  illegitimacy  has  been  emphasized 
during  and  because  of  the  war.  No  nation  can  longer  overlook 
the  drain  upon  population  by  the  excessively  high  infant  mortality 
among  illegitimate  infants,  higher  now  than  ever  before  because 
the  increased  cost  of  living  makes  it  more  difficult  for  the  mother 
alone  to  support  the  child.  In  normal  times  the  chances  for  a 
child  born  out  of  wedlock  to  complete  the  first  year  of  life  are 
very  much  less  than  of  a  legitimate  child. 

Moreover,  there  has  been  an  awakening  of  conscience  on 
this  question.  The  public  is  beginning  to  see  the  injustice  of 
requiring  the  mother  to  bear  the  entire  burden  and  to  brand  the 
child  through  no  fault  of  its  own.  The  mental  and  physical  strain 
borne  by  the  mother,  the  fact  that  she  is  usually  compelled  to 


46^ 


Children’s  Code  Commission. 


23 


work  up  to  the  time  of  her  confinement  and  the  lack  of  proper 
care  during  confinement  are  the  causes  of  a  very  high  death  rate 
among  these  unfortunate  children.  Besides,  it  is  usually  neces¬ 
sary  for  the  mother  to  go  to  work  as  soon  as  possible  after  birth 
of  the  child  and  the  infant  is  denied  a  mother’s  care. 

Reforms  in  the  handling  of  this  problem  are  being  considered 
in  many  of  the  warring  countries  and  in  our  own  states.  North 
Dakota,  in  1917,  enacted  a  law  declaring  every  child  to  be  the 
legitimate  child  of  its  natural  parents  and  making  such  child  an 
heir  to  its  natural  parents.  The  law  further  provides  procedure 
in  court  for  establishing  the  parentage  of  the  child.  Minnesota 
in  1917  passed  a  law,  as  part  of  the  Children’s  Code  of  that 
state,  providing  for  proceedings  to  establish  the  paternity  of  the 
child  born  out  of  wedlock,  after  which  the  father  is  responsible 
for  the  care,  maintenance  and  education  of  the  child,  and  is 
subject  to  all  of  the  penalties  for  failure  to  provide  these  as  is 
the  father  of  the  child  born  in  lawful  wedlock.  In  making  the 
father  share  in  the  support,  it  is  believed  the  illegitimate  birth 
rate  will  considerably  decrease.  Oklahoma  in  1910  passed  a  law 
providing  for  establishing  the  parentage  of  the  child  born  out  of 
wedlock  by  proceedings  in  the  county  courts.  The  action  is  in 
the  nature  of  civil  action,  though  trial  may  be  had  by  jury;  the 
support  of  the  child  by  each  parent  is  determined  by  the  court. 
Several  other  states  are  working  on  this  problem. 

In  practically  all  of  the  warring  countries  the  illegitimate 
child  as  well  as  the  legitimate  child  has  been  included  in  govern¬ 
ment  provisions  for  the  support  of  soldiers’  families.  Our  federal 
law  granting  allowances  to  the  families  of  soldiers  provides  that 
an  illegitimate  child  may  receive  allotments  and  allowances  up 
to  the  amount  provided  by  the  courts  in  bastardy  proceedings. 
In  this  state,  because  we  have  no  provision  for  bastardy  pro¬ 
ceedings,  the  child  born  out  of  wedlock  cannot  obtain  the  benefit 
of  the  federal  law.  It  is  due  entirely  to  our  failure  to  provide 
for  the  care  and  support  of  those  unfortunate  children  that  Mis-  ' 
souri  is  one  of  the  few  states  in  which  federal  aid  cannot  be 
given.  In  England  the  new  Maternity  and  Child  Welfare  Bill 
makes  provision  for  the  maintenance  of  the  child  born  out  of 
wedlock  and  its  mother.  In  Austria  changes  in  the  already  ex¬ 
isting  law  providing  for  the  care  of  the  child  born  out  of  wed¬ 
lock  permits  the  father  of  an  illegitimate  child  to  give  the  child 
his  name,  and  when  necessary  for  the  child’s  rights,  the  court 
may  see  that  legal  procedure  establishes  the  parentage. 


24 


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f46 


This,  it  is  believed,  is  the  beginning  of  a  more  general 
recognition  of  the  rights  of  these  children  in  the  reconstruction 
work  after  the  war.  Let  Missouri  be  prepared  by  enacting  the 
legislation  proposed  by  the  Commission  as  follows: 

(1)  That  the  child  born  out  of  wedlock  be  given  the  right 
to  have  its  paternity  established  through  court  proceedings, 
recognizing  the  principle  that  every  child  should  have  a  father 
and  mother  in  law  as  in  fact. 

(2)  That,  in  order  to  avoid  blackmail,  such  proceedings 
shall  not  be  begun  except  with  special  permission  of  the  court; 
proceedings  shall  be  brought  during  the  lifetime  of  the  per¬ 
son  claimed  to  be  the  parent;  at  the  discretion  of  the  judge, 
the  proceedings  shall  be  privately  conducted  and  the  court 
papers  shall  be  kept  secret. 

(3)  That  the  child  born  out  of  wedlock  shall  be  given  the 
same  right  of  inheritance  from  its  natural  father  as  from  its 
mother.  This  would  work  no  injustice  to  the  legitimate  child, 
for  the  father  would  still  have  the  right  to  disinherit  any  of  his 
children  by  will. 

(3)  That  where  the  actual  paternity  of  the  child  cannot  be 
established,  the  court  is  permitted  to  place  the  liability  of  support 
upon  the  several  men  who  are  shown  to  have  had  intercourse 
with  the  mother  during  the  period  when  the  child  must  have 
been  conceived.  The  child  is  given  no  inheritance  rights  from 
the  possible  fathers,  however. 

(5)  That  the  court  shall  determine  the  proportion  of  sup¬ 
port  to  be  paid  by  the  father  and  mother  with  reference  to  the 
circumstances  of  each. 

(6)  That  all  questions  concerning  the  paternity  and  support 
of  the  child  born  out  of  wedlock  shall  be  brought  before  the 
juvenile  court. 


Bills  for  the  above  recommendations  on  page  87. 


5.  Protection  of  Infant  Before  and  After  Birth. 

Side  by  side  with  the  problem  of  saving  the  lives  of  babies 
is  the  problem  of  protecting  the  lives  and  health  of  mothers 
during  pregnancy  and  confinement.  The  work  which  the  mother 
does  during  the  period  of  pregnancy  and  within  the  first  month 
after  child-birth  is  a  possible  direct  cause  of  injury  to  her  and  her 
infant. 


46] 


Children  s  Code  Commission. 


25 


Most  of  the  countries  of  the  world  have  recognized  the  need 
of  a  period  of  rest  for  the  mother  prior  to  and  following  confine¬ 
ment  and  many  of  them  have  provided  maternity  benefits  for 
wage-earning  women  at  that  time.  All  of  the  larger  and  most  of 
the  smaller  countries  and  Australia  have  made  some  provision. 
Massachusetts,  Vermont,  Connecticut  and  New  York  have  laws 
prescribing  a  period  of  rest  before  and  after  child  birth,  similar 
to  the  one  recommended  by  the  Commission. 

War  conditions  have  greatly  emphasized  the  need  for  such 
a  law,  for  women  have  had  to  enter  industry  in  increasingly  large 
numbers.  In  Missouri  in  1917  there  were  242,412  women  wage- 
earners,  12%  of  whom  were  married. 

The  Commission  recommends  that  an  amendment  be  made 
to  the  labor  laws  prohibiting  the  employment  of  women  in  gain¬ 
ful  occupations  three  weeks  before  and  three  weeks  after  child¬ 
birth.  The  mother’s  pension  law,  enacted  as  part  of  the-  Chil¬ 
dren’s  Code  in  the  1917  legislature,  provides  for  monthly  allow¬ 
ances  for  expectant  mothers  three  weeks  prior  and  three  weeks 
after  child  birth,  if  there  are  no  relatives  to  aid  in  her  support. 

Bills  for  the  above  recommendation  on  page  93. 

6.  Recovery  for  Prenatal  Injury. 

The  present  law  permits  no  recovery  for  injury  received 
before  birth.  It  does  not  recognize  obligation  toward  persons 
unborn. 

The  Commission  proposes  that  a  child  be  permitted  to  re¬ 
cover,  through  its  parents  or  guardians,  damages  for  injuries 
received  prior  to  its  birth. 

Bill  for  the  above  recommendation  on  page  94. 


7.  Age  of  Majority  for  Girls. 

Under  the  common  law  21  years  is  the  age  of  majority  for 
persons  of  both  sexes.  This  is  the  age  at  which  both  boys  and 
girls  attain  the  age  of  majority  in  29  states,  in  the  District  of 
Columbia,  Alaska,  Porto  Rico,  the  Philippine  Islands.  Missouri 
is  one  of  the  few  states,  and  Hawaii,  where  legislative  act  makes 
the  age  of  majority  for  girls  18  and  for  boys  21.  This  means 


26 


Report  of  the  Missouri 


[46 


that  the  state  has  authority  over  boys  three  years  longer  than 
over  girls,  and  that  parents  lose  control  over  girls  three  years 
earlier  than  boys.  When  we  consider  the  difficulties  this  places 
in  the  state’s  care  and  treatment  of  delinquent,  defective  and 
dependent  children  we  realize  that  this  injustice  has  been  con¬ 
tinued  too  long. 

The  Commission  recommends  changes  in  the  statutes  to 
make  21  the  age  of  majority  for  girls  as  well  as  boys. 

Bills  for  the  above  recommendations  on  page  95. 


46] 


Children's  Code  Commission. 


27 


CHAPTER  II. 


LAWS  RELATING  TO  MARRIAGE. 

Desertion,  non-support  and  divorce  are  the  results  of  hasty, 
reckless  marriages.  Marriages  of  very  young  persons,  usually 
resulting  in  early  desertion,  cause  much  child-neglect.  The  de¬ 
fective  classes  are  constantly  being  increased  by  the  marriages 
of  persons  mentally  and  physically  unfit.  All  these  evils  could 
be  lessened,  if  not  checked,  by  strengthening  the  marriage  laws 
of  the  state. 

The  present  law  prohibits  marriages  between  persons  of 
blood  relationship  and  between  white  persons  and  negroes  or 
Mongolians,  but  makes  no  provision  for  prohibiting  the  marriage 
of  insane,  feeble-minded,  epileptic  persons  so  as  to  lessen  the 
number  of  defectives  in  the  coming  generation. 

No  age  is  fixed  at  the  present  time  at  which  a  girl  may  marry 
and  according  to  the  accepted  common-law  a  girl  of  12  years 
may,  without  her  parents’  consent,  live  with  a  man  as  his  wife. 

Common-law  marriages  are  legal,  it  being  only  necessary  to 
establish  the  relation  that  a  man  and  woman  (or  a  boy  and  girl) 
claim  to  be  man  and  wife. 

Marriage  licenses  are  granted  immediately  upon  application 
and  solely  upon  the  statements  of  the  persons  applying.  Under 
such  provision,  hasty  marriages  and  elopements,  frequently  be¬ 
tween  mere  children,  are  encouraged. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  Prohibiting  the  Marriage  of  Feeble-minded,  Epileptic, 
Insane  or  Mentally  Imbecile  Persons. 

The  law  at  present  does  not  prevent  the  marriage  of  persons 
who  have  been  declared  insane,  nor  is  any  reference  made  to  the 
marriage  of  feeble-minded  and  epileptic  persons. 

The  Commission  recommends  amendments  to  the  marriage 
laws  prohibiting  the  issuance  of  a  marriage  license  to  persons  of 
these  defective  classes.  In  the  case  of  insane  persons  who  have 


28 


Report  of  the  Missouri 


[46 


been  cured  and  are  no  longer  under  guardianship,  that  fact 
attested  by  the  probate  court,  will  permit  the  issuance  of  a 
marriage  license. 

This,  in  combination  with  the  proposed  act  requiring  a  five 
days’  interval  between  application  for  and  granting  of  a  license, 
with  provision  for  hearing  objections  in  court,  will  prevent  all 
cases  of  marriage  of  persons  mentally  unfit,  when  the  law  be¬ 
comes  well  known. 

Bills  for  above  recommendation  on  page  99. 

2.  Requiring  Notice  of  Intention  to  Marry. 

3.  Establishing  the  Age  of  Marriage  at  15  Years. 

Many  marriages  in  the  state  are  now  contracted  by  minors 
falsely  swearing  to  their  age.  A  large  proportion  of  divorces  are 
the  result  of  hasty  marriages  and  elopments.  In  a  study  made 
by  the  Kansas  City  Board  of  Public  Welfare  in  1915  it  was  shown 
that  more  men  deserted  their  wives  before  they  had  been  married 
a  year  than  did  in  any  succeeding  year.  These  broken  homes 
affect  the  lives  of  hundreds  of  children.  Many  unhappy  and  ill- 
advised  marriages  would  doubtless  be  prevented  if  a  reasonable 
notice  of  intention  to  marry  is  required  before  the  issuance  of 
licenses.  Besides,  marriages  of  persons  physically  and  mentally 
unfit  can  be  prevented  by  delay  and  publicity  in  the  granting  of 
licenses. 

The  Commission  recommends  a  new  law  requiring  an  interval 
of  five  days  between  the  application  for  marriage  license  and  its 
issuance.  Applications  for  licenses  will  be  published.  If  any 
objections  are  filed  with  the  issuing  officer,  the  application  for 
license  goes  to  court  for  hearing.  Special  provision  is  made  for 
waiving  the  five  days’  notice  by  the  court  in  emergency  cases. 
No  person  under  15  will  be  permitted  to  marry;  persons  be¬ 
tween  15  and  21  must  have  parents’  consent  for  the  issuance  of 
marriage  licenses. 

Bills  for  the  above  recommendations  on  pages  101 ,  104. 


4.  Abolishing  Common-law  Marriages. 

In  spite  of  the  fact  that  a  Missouri  statute  provides  that 
previous  to  any  marriage  in  the  state  a  license  for  this  purpose 


Children's  Code  Commission. 


29 


46  [ 

must  be  obtained,  and  in  spite  of  the  fact  that  another  statute 
requires  that  persons  under  age  shall  obtain  the  consent  of  parents 
or  guardian  before  the  marriage  license  may  be  issued,  minors 
who  cannot  obtain  a  license  to  marry,  can  marry  under  the  com¬ 
mon-law  contract  without  a  license.  This  means  that  a  girl  of 
12  years  may,  without  her  parents’  consent,  live  with  a  boy  of 
14  years  as  his  wife. 

Many  states  have  alre£  dy  abolished  common-law  marriages. 
The  Commission  recommends  that  a  legal  ceremony  be  necessary 
to  every  marriage  in  the  state  and  amendments  to  the  present 
statute  have  been  drafted. 

Bill  for  the  above  recommendation  on  page  103. 


30 


Report  of  the  Missouri 


[46 


CHAPTER  III. 


PUBLIC  ADMINISTRATION  OF  LAWS  RELATING  TO 
SOCIAL  WELFARE. 

The  Commission  regards  the  administration  of  laws  now  on 
our  statute  books  and  of  the  new  laws  proposed  as  the  most  im¬ 
portant  matter  before  us.  The  history  of  legislation  for  children 
for  the  past  fifteen  years  has  been  very  largely  that  of  good  laws 
placed  on  our  statute  books  but  not  enforced  in  practice.  We 
have,  therefore,  given  the  problem  of  administering  the  laws  our 
chief  attention. 

PRESENT  SYSTEM  OF  STATE  AND  COUNTY 
ADMINISTRATION. 

State  Agencies  for  Social  Welfare. 

The  state  maintains  a  number  of  institutions  exclusively  for 
the  care  of  children.  The  State  Industrial  Home  for  Girls  at 
Chillicothe  cares  for  delinquent  white  girls;  the  State  Industrial 
Home  for  Negro  Girls  at  Tipton  for  delinquent  negro  girls;  the 
Missouri  Reformatory  at  Boonville  for  delinquent  white  and 
negro  boys  (until  1915  called  the  State  Training  School  for  Boys). 
There  is  no  institution  in  the  state  for  the  care  of  dependent  and 
neglected  children. 

The  charitable  and  correctional  institutions  conducted  by 
the  state  for  both  adults  and  minors  are  the  State  Penitentiary 
at  Jefferson  City;  School  for  the  Blind  at  St.  Louis;  School  for  the 
Deaf  at  Fulton;  the  Colony  for  Feeble-minded  and  Epileptic  at 
Marshall;  the  four  State  Hospitals  for  the  Insane  at  Fulton, 
St.  Joseph,  Nevada  and  Farmington  and  the  State  Sanitorium 
for  Tubercular  Patients  at  Mount  Vernon.  No  institution  for 
the  care  of  crippled  children  is  maintained  by  the  state. 

The  Missouri  Commission  for  the  Blind,  composed  of  five 
non-salaried  members  appointed  by  the  Governor  for  a  term  of 
four  years  was  established  by  legislative  act  in  1915.  The 
object  of  the  Commission  is  to  encourage  the  training  and  em¬ 
ployment  of  blind  persons  and  to  provide  for  the  prevention  and 
cure  of  blindness. 


46] 


Children's  Code  Commission. 


31 


The  State  Prison  Board,  composed  of  three  members  ap¬ 
pointed  by  the  Governor  for  a  term  of  six  years,  has  exclusive 
control  of  the  State  Penitentiary,  Reformatory,  Industrial  Home 
for  Girls  and  Industrial  Home  for  Negro  Girls.  The  Board 
appoints  the  superintendents  and  employees  of  these  institutions 
and  makes  rules  and  regulations  governing  the  institutions. 
Pardons  and  paroles  from  these  institutions  are  granted  through 
the  board. 

All  of  the  state  eleemosynary  institutions  are  conducted  by 
separate  non-salaried  boards  appointed  by  the  Governor.  Mem¬ 
bers  of  these  boards  are  appointed  for  a  term  of  four  years. 
They  appoint  superintendents  and  employees  for  the  institutions. 
There  are  no  requirements  governing  the  appointments  and  pro¬ 
motions  of  employees  on  the  basis  of  merit  after  examination. 

These  institutions  are  all  subject  to  supervision  by  the 
State  Board  of  Charities  and  Corrections,  a  Board  of  seven  per¬ 
sons  appointed  by  the  Governor.  This  Board  employs  a  paid 
secretary,  and  in  addition  to  supervising  such  institutions  is  also 
charged  with  the  placing-out  of  children  in  foster  homes,  main¬ 
taining  for  that  purpose  a  children’s  bureau.  It  assists  the 
counties  in  the  conduct  of  their  work  for  the  unfortunate.  While 
the  personnel  of  the  State  Board  of  Charities  and  Corrections 
has  changed  considerably  it  has  not  been  subject  to  political 
influence  and  has  a  record  of  increasing  service  and  usefulness. 

INDUSTRY. 

The  state  has  established  two  agencies  to  improve  industrial 
conditions — the  State  Factory  Inspection  Department,  and  the 
Bureau  of  Labor  Statistics.  This  bureau  conducts  the  state  free 
employment  bureaus  and  inspects  private  employment  agencies. 
There  are  three  free  employment  bureaus — in  St.  Louis,  Kansas 
City  and  St.  Joseph.  The  Factory  Inspector  has  charge  of  the 
enforcement  of  all  labor  laws  in  the  state.  Factory  inspection  is 
confined  to  places  of  10,000  population  and  over.  The  office  is 
conducted  on  what  is  known  as  the  “fee  system”,  under  which  the 
inspectors  collect  a  fee  for  each  inspection  made  and  turn  it 
into  the  state  treasury.  From  this  fund  the  expenses  of  the  office 
are  paid. 


32 


Report  of  the  Missouri 


[46 


PUBLIC  HEALTH. 

The  public  health  work  in  the  state  is  in  charge  of  the 
State  Board  of  Health,  a  non-salaried  body  of  7  persons  ap¬ 
pointed  by  the  Governor  for  a  term  of  four  years.  They  em¬ 
ploy  a  secretary.  The  board  has  general  supervisory  powers 
over  health  and  sanitary  conditions,  and  grants  and  revokes 
physicians’  and  midwives’  licenses.  The  Bureau  of  Vital  Sta¬ 
tistics  through  which  is  recorded  a  complete  history  of  each 
death  and  birth  occurring  in  the  state,  is  conducted  by  this  board. 

A  food  and  drug  commissioner,  appointed  by  the  Governor, 
is  charged  with  the  enforcement  of  the  pure  food  and  drug  laws. 
A  dairy  commissioner,  under  the  State  Board  of  Agriculture, 
inspects  dairies  all  over  the  state. 

EDUCATION. 

Public  education  in  the  state  is  supervised  by  the  state 
superintendent  of  public  schools,  elected  by  the  people.  He  has 
charge  of  state  aid  to  schools  and  assists  in  developing  education 
throughout  the  state.  The  State  Normal  Schools,  and  the  Uni¬ 
versity  of  Missouri  are  independent,  each  in  charge  of  a  non- 
salaried  board  appointed  by  the  Governor. 

COUNTY  AGENCIES  FOR  SOCIAL  WELFARE. 

COUNTY  COURTS. 

The  charitable  and  correctional  work  for  each  county  is 
administered  by  the  county  court,  composed  of  three  judges 
elected  by  the  people.  This  so-called  “court”  has  no  judicial 
functions  and  corresponds  to  what  are  usually  known  as  “county 
commissioners”  in  other  states.  It  is  the  general  administrative 
body  in  the  county.  No  money  can  be  appropriated  from  county 
taxes  except  by  the  county  court.  It  has  charge  of  the  granting 
of  poor  relief  to  persons  in  their  own  homes,  of  administering 
mothers’  pensions  and  conducts  all  county  institutions. 

Boards  of  Visitors. 

In  most  of  the  counties  there  is  a  county  board  of  visitors 
appointed  by  the  circuit  court  to  inspect  county  institutions  and 
to  recommend  improvements.  These  boards  of  visitors  are  com¬ 
posed  of  seven  non-salaried  persons,  many  of  whom  are  women. 
Their  expenses  are  paid  by  the  county  court. 


46] 


Children's  Code  Commission. 


33 


HEALTH. 

The  county  court  in  each  county  together  with  a  county 
health  officer  appointed  by  the  county  court  acts  as  a  board  of 
health.  This  board  has  general  powers  in  case  of  epidemic  and 
can  enforce  quarantine  regulations  in  the  counties  outside  of 
the  cities  and  towns.  This  board  is  not  responsible  to  any  state 
body;  the  state  board  of  health  has  only  power  to  advise  and 
recommend,  but  no  authority  to  supervise.  No  penalty  is  at¬ 
tached  for  failure  of  county  boards  to  perform  their  duties. 

EDUCATION. 

The  schools  of  the  state  are  organized  by  districts,  not  by 
counties.  Each  county,  however,  has  a  county  superintendent  of 
schools,  elected  by  the  people,  who  supervises  the  district  schools 
within  the  county.  Each  school  district  raises  its  own  money  by 
taxation.  The  non-salaried  boards  of  education  in  charge  of  the 
districts  have  full  control  of  the  schools.  There  is  no  county 
board  of  education. 

COURTS. 

The  1917  legislature  enacted,  as  part  of  the  Children’s  Code, 
a  juvenile  court  act  for  the  smaller  counties  of  the  state.  In  many 
of  the  counties  these  courts  have  been  created  and  probation 
officers  appointed.  Juvenile  courts  already  existed  in  the  six 
largest  counties  and  the  city  of  St.  Louis  under  a  separate  act. 
In  counties  in  which  juvenile  courts  have  not  yet  been  established 
the  following  courts  deal  with  children: 

(1)  Probate  Court,  dealing  with  matters  of  guardianship, 
adoption  and  insanity. 

(2)  The  Justice  of  Peace  Courts,  organized  by  districts, 
dealing  with  juvenile  and  adult  offenders  charged  with  mis¬ 
demeanors. 

(3)  Circuit  Court,  a  court  of  general  jurisdiction  dealing 
with  the  more  serious  offenses,  divorce,  cases  involving  the 
custody  of  children,  and  crimes  against  children. 

CITY  AGENCIES  FOR  SOCIAL  WELFARE. 

Under  the  constitution  of  Missouri,  cities  are  subject  to  full 
control  by  the  legislature,  except  St.  Louis  and  Kansas  City, 
which  have  the  right  to  prepare  and  adopt  their  own  charters. 
The  other  cities  are  divided  into  four  classes:  first  class,  more 

3 


34 


Report  of  the  Missouri 


146 


than  75,000  population;  second  class,  between  30,000  and  75,000; 
population;  third  class,  between  3,000  and  30,000  population; 
fourth  class,  between  500  and  3,000  population. 

Only  three  cities  in  the  state  have  any  general  powers  to 
deal  broadly  with  social  conditions  affecting  children.  St.  Louis 
has  a  department  of  public  welfare  created  by  charter,  a  board 
of  children’s  guardians,  and  a  number  of  other  agencies  created 
by  ordinance.  Kansas  City  has  created  a  board  of  public  welfare 
with  broad  powers,  and  also  has  a  special  legislative  provision 
for  pensioning  mothers  of  dependent  children,  through  the 
juvenile  court.  St.  Joseph,  by  an  act  of  the  legislature,  has  a 
social  welfare  board,  composed  of  members  appointed  both  by 
the  mayor  of  the  city  and  the  county  court  and  supported  by  the 
city  and  county.  It  is  the  first  such  attempt  in  the  United  States 
to  unify  the  social  work  of  the  county  and  city. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

State  welfare  agencies  should  be  largely  supervisory  in 
character  stimulating  the  work  in  all  parts  of  the  state  and  uni¬ 
fying  it  but  leaving  the  enforcement  of  the  laws  to  local  initiative. 
The  Commission  has  studied  most  carefully  several  proposals 
for  effective  organization  in  our  114  counties  in  order  to  ad¬ 
minister  successfully  the  laws  relating  to  children  and  community 
welfare. 

COUNTY  WELFARE  AGENCIES. 

At  the  present  time  we  have  three  sets  of  officials  dealing 
with  social  conditions  surrounding  children  of  the  county,  each 
entirely  separate  and  wholly  unable  to  take  advantage  of  the 
other  employees.  The  superintendents  of  schools,  under  the  law, 
must  employ  their  own  truant  officers,  doing  their  social  work  for 
children  entirely  separate  from  other  county  agencies.  In  the 
same  way  the  juvenile  courts  must  employ  their  own  probation 
officers  for  children.  The  county  court,  which  administers  all 
charitable  and  correctional  work  of  the  county,  does  its  work 
entirely  separate  from  these  two  agencies. 

The  County  Board  of  Visitors,  a  non-salaried  body  appointed 
by  the  circuit  court,  inspects  and  makes  recommendations  for 
improvements  in  county  institutions.  This  Board  is  the  only 
local  agency  to  represent  the  State  Board  of  Charities  and  Cor¬ 
rections  in  the  county. 


46( 


Children  s  Code  Commission. 


35 


The  Commission  recommends  the  appointment  of  a  county 
superintendent  of  public  welfare  appointed  by  the  county  court 
from  a  list  of  eligibles  submitted  by  the  State  Board  of  Charities 
and  Corrections.  The  superintendent  will  work  under  the  super¬ 
vision  of  the  county  court  and  the  State  Board  of  Charities  and 
Corrections.  The  appointment  of  the  county  superintendent  is 
made  entirely  optional  with  the  county  court  who  will  have  power 
to  fix  the  salaries  of  the  superintendents  and  assistants.  No 
county  is  put  to  one  cent  of  expense  by  this  legislation,  except 
as  it  desires.  It  is  believed,  however,  that  the  county  will  soon 
be  aroused  to  the  importance  of  providing  adequate  machinery 
to  administer  the  laws  relating  to  the  welfare  of  the  community, 
as  has  been  done  in  the  large  cities  throughout  the  state. 

Under  the  proposed  plan  the  interests  of  children,  whether 
in  the  schools,  court,  county  institutions  or  in  their  homes  will 
be  looked  after,  and  every  county  will  be  enabled  to  perform 
important  work  for  the  state  which  is  now  either  not  done  at 
all  or  done  very  ineffectively. 

1.  COUNTY  SUPERINTENDENT  OF  PUBLIC  WELFARE. 

In  order  to  secure  persons  both  as  superintendents  and 
assistants  in  the  counties  who  are  well  fitted  to  do  the  work  and 
in  order  that  the  welfare  work  in  the  counties  will  be  uniform 
throughout  the  state,  it  is  provided  the  county  courts  shall 
appoint  to  such  positions  only  persons  recommended  by  the 
State  Board  of  Charities  and  Corrections.  It  is  made  a  duty  of 
the  Board  to  submit  lists  of  eligible  persons  to  the  county  court 
of  each  county  from  time  to  time. 

The  duties  of  the  superintendent  of  public  welfare  and 
assistants  are  as  follows: 

(1)  To  administer  all  funds  devoted  to  relief  of  the  poor 
in  their  homes  and  allowances  to  needy  mothers  under  the  state¬ 
wide  mother’s  pension  act. 

(2)  To  discover  any  cases  of  neglected,  dependent,  de¬ 
fective  or  delinquent  children  in  the  county  and  to  obtain  for 
them  the  benefit  of  the  laws  enacted  in  their  behalf. 

(3)  To  act  as  agent  of  the  State  Board  of  Charities  in  any 
work  to  be  done  by  the  board  within  the  county;  as  agent  of  the 
children’s  bureau  in  placing  children  in  foster  homes. 

(4)  To  give  special  oversight  to  the  patients  discharged  or 
parked  from  the  state  hospitals  for  insane  residing  in  his  county. 

(5)  To  act  as  agent  of  the  State  Prison  Board  in  giving 


36 


Report  of  the  Missouri 


[46 


oversight  to  persons  on  parole  in  his  county  from  the  state  cor¬ 
rectional  institutions;  to  supervise  children  and  adults  paroled 
in  his  county  by  the  courts,  when  requested  to  do  so  by  the 
courts. 

(6)  To  assist  the  state  free  employment  bureau  in  finding 
work  for  the  unemployed  in  his  county. 

(7)  To  act  as  agent  of  the  factory  inspection  department, 
which  is  at  present  unable  to  enforce  the  child  labor  laws  in  the 
smaller  towns  of  the  state. 

(8)  To  act  as  attendance  officer  to  enforce  the  school  attend¬ 
ance  laws. 

(9)  To  investigate  the  causes  of  distress  in  the  county  and 
make  recommendations  for  improvment  of  conditions. 

The  need  for  such  work  in  the  rural  communities  is  great. 
In  the  larger  cities  welfare  work  has  been  established  by  the  city 
authorities;  in  addition  many  private  agencies  care  for  the  un¬ 
fortunates.  Little  of  this  work  is  being  done  in  the  counties  at 
the  present  time. 

Reports  of  the  work  of  probation  officers  appointed  in  the 
counties  under  the  1917  juvenile  court  act,  show  that  they  are 
now  forced  to  take  up  the  welfare  work  which  will  be  cared  for 
by  the  county  superintendent  under  the  proposed  act.  The 
probation  officer  of  Mississippi  County,  in  a  recent  report  to 
the  court,  told  of  dealing  with  nineteen  cases  of  truancy,  with 
a  family  in  need  of  relief,  with  the  case  of  a  girl  who  had  been 
placed  in  jail  with  adults  and  worked  on  the  streets  with  male 
prisoners,  with  a  case  of  family  desertion,  and  with  breaking  up 
a  gang  of  criminals  which  menaced  the  towns  of  his  county. 

Bill  for  above  recommendation  on  page  111 . 

2.  COUNTY  BOARD  OF  PUBLIC  WELFARE. 

The  legislature  of  1903  passed  a  law  providing  for  the  ap¬ 
pointment  of  a  non-salaried  board  of  visitors  in  each  county  to 
inspect  the  jails,  almshouses  and  other  institutions  supported  by 
county  funds.  Boards  have  been  appointed  in  over  one  hundred 
counties  and  have  assisted  considerably  in  arousing  community 
interest  in  the  local  welfare  problems. 

In  order  to  promote  close  co-operation  between  these  boards 
and  the  county  superintendent  of  welfare  it  is  proposed  to  make 
the  county  superintendent  of  welfare  secretary  of  the  board,  to 


461 


Children's  Code  Commission. 


37 


serve  without  additional  salary,  and  to  change  the  name  of  the 
board  in  each  county  to  the  county  board  of  public  welfare. 

Bill  for  above  recommendation  on  page  116. 

3.  CITY  BOARDS  OF  PUBLIC  WELFARE. 

In  order  that  cities  may  combine  their  welfare  work  with 
that  of  the  counties  in  which  they  are  located  and  in  order  to 
avoid  conflicts  between  the  two,  the  Commission  recommends 
that  all  cities  in  the  state  be  empowered  to  create  social  welfare 
boards,  appointed  by  the  mayor  or  chief  executive  officer  of  the 
city,  or,  in  the  case  of  commission  governments,  by  the  Com¬ 
mission — this  board  to  have  general  power  to  deal  with  social 
conditions  within  the  city.  Such  boards  would  have  the  power 
to  make  co-operative  arrangements  with  the  county,  as  is  done 
in  St.  Joseph  at  present,  to  loan  their  employees  to  the  county  or 
to  obtain  the  services  of  the  employees  of  the  county  with  an 
appropriate  exchange  of  funds.  As  St.  Louis,  Kansas  City  and 
St.  Joseph  already  have  these  city  boards  well  organized  under 
special  provision  they  are  excluded  from  the  general  state-wide 
act. 

The  Commission  is  not  recommending  further  detailed  pro¬ 
visions  for  co-operation  between  city  and  county  agencies, 
allowing  practical  experience  in  this  new  field  to  determine  what 
the  relations  shall  be. 

Bill  for  above  recommendation  on  page  119. 

COLORED  CHILDREN. 

According  to  federal  statistics,  Missouri  in  1917  had  an 
estimated  population  of  55,142  colored  children  under  twenty 
years  of  age.  The  constitution  requires  separate  schools  for  them 
throughout  the  state.  Many  school  districts  cannot  maintain 
separate  schools  where  the  number  of  colored  children  is  small. 
Many  are  therefore  wholly  deprived  of  an  education.  State 
institutions  for  the  care  of  unfortunate  children  have  in  large 
part  failed  to  make  provision  for  colored  children,  although  in 
most  cases  the  law  permits  them  to  receive  colored  as  well  as 
white,  providing  they  separate  them  in  the  institution.  Colored 
children  are  admitted  to  the  State  Reformatory  at  Boonville 
and  the  School  for  the  Deaf  at  Fulton.  There  is  a  separate 
state  industrial  school  for  delinquent  colored  girls  at  Tipton, 


38 


Report  of  the  Missouri 


[46 


Missouri,  opened  in  1916.  Colored  children  are  not  admitted  to 
the  State  School  for  the  Blind;  to  the  Colony  for  the  Feeble¬ 
minded  and  Epileptic,  or  the  State  Sanitarium  for  tubercular 
patients. 

The  Commission  feels  it  is  important  that  all  state  and 
county  institutions  for  the  care  of  children  make  appropriate 
provisions  for  colored  children,  giving  them  the  same  opportu¬ 
nities  as  are  given  the  white  children.  A  bill  making  necessary 
changes  in  existing  statutes  has  been  drafted  for  this  purpose. 

Bill  for  above  recommendation  on  page  123. 

MEASURES  ENDORSED  BY  THE  COMMISSION  NOT 
INCLUDED  IN  THE  CODE. 

STATE  AGENCIES. 

The  organization  of  the  administration  of  state  institutions 
so  that  they  may  more  effectively  serve  the  purpose  for  which 
they  are  established,  lies  beyond  the  scope  of  this  Commission’s 
work.  It  involves  the  general  reorganization  of  all  institutions, 
both  for  adults  and  for  children.  This  matter  is  being  handled 
by  various  other  agencies  in  the  state. 

The  Commission  desires  to  endorse  the  proposal  to  place  all 
these  institutions  on  a  strictly  merit  basis  in  order  to  take  them 
entirely  out  of  politics.  This  it  is  proposed  to  do,  either  by 
creating  bi-partisan  boards,  non-salaried  as  at  present,  for  each 
institution,  placing  the  appointment  and  promotion  of  salaried  em¬ 
ployees  on  the  basis  of  merit  by  a  state-wide  civil  service  system; 
or  by  creating  a  state  board  of  control  of  a  few  members,  well 
paid,  to  devote  their  entire  time  to  the  administration  of  all  of 
these  institutions  with  the  appointment  of  all  employees  on  a 
merit  basis. 

Whatever  is  done  to  reorganize  the  administration  of  state 
institutions,  we  believe  that  the  State  Board  of  Charities  should 
be  retained  as  a  general  supervisory  agency  and  the  resources  of 
the  board  enlarged.  It  is  the  only  agency  in  the  state  engaged  in 
unifying,  stimulating  and  making  effective  all  the  social  agencies 
of  the  counties  and  cities.  By  an  act  of  the  legislature  of  1913  a 
children’s  bureau  in  the  state  board  was  created.  In  1915  an 
appropriation  of  $3,900  for  the  two-year  period  was  made,  and 
one  agent  was  employed  for  looking  after  the  children  of  the  state. 
This  has  not  been  possible  during  1917  and  1918  as  the  last 
legislature  failed  to  make  an  appropriation  for  his  salary.  Much 


46] 


Children's  Code  Commission. 


39 


good  can  be  accomplished  by  the  work  of  this  bureau  and  the 
Commission  recommends  that  the  board’s  appropriation  be  made 
large  enough  to  allow  for  the  employment  of  at  least  three  agents 
in  the  children’s  bureau. 

INDUSTRY. 

Administration  of  laws  for  improving  industrial  conditions 
is  at  present  highly  unsatisfactory.  Many  laws  cannot  be  en¬ 
forced  under  the  present  fee  system. 

The  Commission,  however,  is  submitting  no  drafts  of  bills 
on  this  subject  because  it  is  clearly  outside  the  scope  of  the  Com¬ 
mission’s  work,  involving  the  problem  of  enforcing  all  the  labor 
laws  of  the  state  applying  to  adults  as  well  as  children.  Other 
agencies  are  going  to  the  legislature  with  bills  designed  to  reor¬ 
ganize  the  system. 

The  Commission  desires  to  express  its  approval  of  the  pro¬ 
posed  bill  to  create  a  State  Industrial  Commission  of  five  salaried 
members,  to  give  their  entire  time  to  enforcement  of  laws  relating 
to  industry. 

PUBLIC  HEALTH. 

In  the  field  of  public  health,  reorganization  is  desirable,  but 
the  work  involves  the  entire  health  service  of  the  state  and  is 
therefore  not  peculiarly  within  the  scope  of  work  of  the  Com¬ 
mission.  Bills  for  the  reorganization  of  the  health  service  of  the 
state  will  be  introduced  by  the  State  Board  of  Health. 

The  Commission  endorses  the  proposal  to  separate  the  work 
of  licensing  physicians  from  the  work  of  the  State  Board  of 
Health  by  the  creation  of  a  state  board  of  medical  examiners. 
The  State  Board  of  Health  should  be  given  larger  powers  to 
supervise  the  health  work  of  the  state,  to  unify  and  to  stimulate 
local  bodies  to  greater  activities.  Recommendations  of  the  Com¬ 
mission  regarding  the  health  problems  of  children,  particularly 
school  sanitation,  physical  inspection  of  school  children  and  in¬ 
fant  welfare  work,  are  found  on  page  70. 

EDUCATION. 

The  needed  changes  in  the  public  school  system  in  the  state 
was  made  the  subject  of  an  investigation  in  1917,  jointly  under¬ 
taken  by  the  State  Superintendent  of  Public  Schools  and  his 
department  and  the  Missouri  State  Teachers’  Association  upon 
the  request  of  the  Governor. 


40 


Report  of  the  Missouri 


[46 


The  survey  covered  the  physical  conditions  of  the  schools, 
their  support,  methods  of  instructions,  adaptability  of  course  of 
study  to  the  needs  of  the  community,  qualification  of  teachers 
and  other  acts  bearing  upon  the  efficiency  of  the  public  school 
system  of  the  state.  The  findings  and  recommendations  will  be 
submitted  to  the  Governor  and  the  General  Assembly  in  1919. 


46] 


Children’s  Code  Commission. 


41 


CHAPTER  IV. 


LAWS  RELATING  TO  THE  CARE  AND  TREATMENT  OF 
DELINQUENT  CHILDREN. 

With  the  passage  of  the  juvenile  court  act,  as  part  of  the 
Children’s  Code  in  the  1917  legislature,  opportunity  was  given 
every  county  in  the  state  to  provide  modern  machinery  to  deal 
with  youthful  offenders.  Steps  to  set  this  machinery  in  motion 
should  be  taken  in  every  county.  People  throughout  the  state 
must  be  made  to  see  that  unless  they  provide  proper  protection 
to  boys  and  girls  at  this  time,  America  will  experience  as  serious 
an  increase  in  juvenile  delinquency  as  have  the  warring  countries 
abroad.  In  England  juvenile  delinquency  has  increased  34% 
since  the  war  began.  Similar  reports  come  from  Germany  and 
other  warring  nations.  Safeguards  which  protected  children  in 
normal  times  have  been  broken  down  under  the  stress  of  war; 
fathers  and  elder  brothers  have  entered  the  army;  mothers  have 
been  forced  into  industry  and  have  less  time  to  devote  to  their 
children. 

A  juvenile  court  was  established  in  St.  Louis  in  1903,  in 
Kansas  City  in  1905  and  in  the  six  largest  counties  of  the  state 
by  an  act  passed  in  1911.* 

Several  new  laws  for  the  care  and  treatment  of  delinquent 
children  and  amendments  to  existing  statutes  are  necessary  at 
this  time.  Missouri  has  no  law  by  which  adults  who  are 
responsible  for  the  neglect  and  waywardness  of  children  can  be 
effectively  dealt  with.  The  parole  law,  under  which  convicted 
law-breakers  may  be  released  on  good  behavior,  is  ineffective  be¬ 
cause  it  provides  no  system  of  supervision  of  persons  on  parole. 
Under  this  law  many  men  who  desert  or  fail  to  support  their 
children  are  released  without  supervision  and  their  families  con¬ 
tinue  to  suffer. 

Laws  relating  to  state  institutions  which  care  for  delinquent 
children  need  amendments  in  a  number  of  particulars. 


*A  brief  history  of  the  juvenile  court  system  in  the  state  is  in  appendix  4,  page  205. 


42 


Report  of  the  Missouri 


[46 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  Treatment  of  Adults  Contributing  to  Delinquency  or 

Neglect  of  Children. 

The  problems  of  juvenile  delinquency  cannot  be  solved  by 
punishing  the  child  alone.  Children  are  often  abused  by  worth¬ 
less  parents;  incompetent  parents  are  often  responsible  for  the 
incorrigibility  of  children.  In  a  study  of  juvenile  delinquency 
in  the  rural  districts  of  New  York,  made  by  the  Federal  Children’s 
Bureau  in  1917,  it  was  found  that  considerably  more  than  half  of 
the  offenders  came  from  homes  in  which  the  surroundings  were 
bad. 

One  of  the  needs  of  the  juvenile  court  is  that  it  be  given  full 
power  to  deal  with  parents  and  adults  responsible  for  the  child’s 
delinquency.  The  present  statute  upon  this  subject  is  wholly 
ineffective  chiefly  because  the  jurisdiction  is  lodged  concurrently 
in  two  sets  of  courts.  The  provisions  are  weak,  and  there  have 
been  very  few  cases  brought  under  it. 

The  Commission  proposes  a  new  act  to  reach  such  adults, 
putting  exclusive  jurisdiction  in  the  same  court  which  hears 
children’s  cases  so  that  one  tribunal  may  deal  with  all  the  aspects 
of  cases  involving  the  welfare  of  the  child.  It  is  intended  that 
this  act  shall  reach  such  persons  as  parents  who  neglect  their 
children  and  persons  who  encourage  depravity,  immorality  or 
viciousness  in  the  child.  It  will  reach  the  saloon-keeper  who  sells 
children  liquor,  the  druggist  who  sells  tobacco  or  drugs  to  chil¬ 
dren,  employers  who  illegally  employ  children  and  parents  who 
permit  illegal  employment. 

Bill  for  the  above  recommendation  on  page  127 . 

2.  Relating  to  Commitments  to  the  Missouri  Reforma¬ 

tory  and  Training  School  for  Boys. 

Amendments  to  the  statute  relating  to  the  reformatory  for 
boys  are  needed  so  as  to  harmonize  with  the  juvenile  court  act 
in  the  matter  of  commitments. 

The  Commission  recommends  the  following  amendments: 

(1)  The  juvenile  court  act  places  sole  jurisdiction  of  cases 
of  commitment  of  boys  under  the  age  of  17  in  the  juvenile  court. 
Such  a  provision  must  be  made  also  in  the  statute  governing  the 
Missouri  reformatory. 


46] 


Children  s  Code  Commission. 


43 


(2)  Permitting  the  commitment  of  boys  under  17  to  the 
Missouri  Training  School  for  Boys,  the  re-establishment  of  which 
the  Commission  is  recommending. 

(3)  Prohibiting  the  commitment  of  neglected  or  dependent 
children  to  the  Missouri  Reformatory  and  Missouri  Training 
School  for  Boys. 

Bills  for  the  above  recommendations  on  page  129. 

3.  Relating  to  Commitment  to  Industrial  Home  for  Girls. 

4.  Relating  to  Commitment  to  Industrial  Home  for  Negro 

Girls. 

Amendments  to  the  statutes  relating  to  commitments  of  girls 
to  the  industrial  home  at  Chillicothe  and  of  negro  girls  to  the 
industrial  home  at  Tipton  are  likewise  needed  so  as  to  harmonize 
with  the  juvenile  court  act  in  the  matter  of  commitments. 

The  Commission  recommends  the  following  amendments: 

(1)  The  same  amendments  are  needed  to  the  statutes 
relating  to  the  industrial  home  for  girls  and  industrial  home  for 
negro  girls  as  are  made  in  the  act  relating  to  the  boys’  reforma¬ 
tory  in  the  matter  of  commitments.  Jurisdiction  of  cases  of 
commitments  of  girls  under  17  years  of  age  to  the  two  industrial 
homes  is  lodged  in  the  juvenile  court  exclusively. 

(2)  The  age  at  which  girls  may  be  committed  to  the  homes 
is  raised  to  21  years,  so  as  to  conform  with  the  law  enacted  as 
part  of  the  Children’s  Code  at  the  1917  legislature.  Under  this 
act,  parents  of  wayward  minors  over  the  juvenile  court  age 
(17  years),  may  bring  them  into  the  court  and  get  the  state’s 
assistance  in  rearing  them.  In  the  case  of  boys  they  may  be 
sent  to  the  reformatory  at  Boonville.  At  the  present  time  there 
is  no  place  to  send  girls  of  this  age. 

(3)  The  Commission  recommends  prohibiting  the  commit¬ 
ment  of  neglected  or  dependent  children  to  these  institutions. 
Provision  for  their  care  is  made  in  the  bill  for  the  establishment  of 
a  state  detention  home  for  dependent  children.  Discussion  of 
this  proposal  is  on  page  51. 

(4)  At  the  present  time  sheriffs  accompany  girls  commit¬ 
ted  by  the  courts  on  the  trips  to  these  institutions.  The  Com¬ 
mission  recommends  that  the  court  appoint  for  this  purpose 
women  attendants  who  will  be  paid  on  a  per  diem  basis,  the  same 
as  is  now  allowed  for  conveying  prisoners  to  the  penitentiary. 

Bills  for  the  above  recommendations  on  pages  1329  134 . 


44 


Report  of  the  Missouri 


[46 


5.  Separating  the  Training  School  for  Boys  From  the 

State  Reformatory. 

The  legislature  of  1915  abolished  the  name  of  the  State 
Training  School  for  Boys  at  Boonville  and  renamed  it  the  State 
Reformatory,  admitting  men  up  to  30  years  of  age  who  are  first 
offenders.  This  the  Commission  believes  to  be  an  unfortunate 
development.  The  reformatory  should  be  entirely  separate  from 
the  training  school  for  boys.  The  two  institutions  should  be 
under  separate  management,  both  under  the  control  of  the  State 
Prison  Board.  The  principles  which  govern  one  would  not 
ordinarily  succeed  with  the  other.  A  growing  boy  should  not 
have  the  possibility  of  contact  or  association  with  older  men  con¬ 
victed  of  crime. 

The  Commission  recommends  the  re-establishment  of  the 
State  Training  School  at  Boonville,  separate  from  the  reforma¬ 
tory. 

Bill  for  the  above  recommendation  on  page  136. 

6.  Appointment  of  Probation  Officers  in  the  Criminal 

Courts. 

“Probation”  means  supervision  of  persons  by  an  officer  of 
the  court  (called  probation  officer)  instead  of  committing  the 
person  to  a  correctional  institution.  “Parole”  means  super¬ 
vision  by  a  court  officer  (called  parole  officer)  of  a  person  re¬ 
leased  from  an  institution  on  good  behavior. 

The  present  law  under  which  adults  convicted  of  crime  may 
be  released  providing  they  report  to  the  court  at  intervals  is 
comparatively  ineffective  because  it  carries  with  it  no  provision 
whatever  for  the  employment  of  persons  to  keep  track  of  the 
men  and  women  thus  released.  The  judge  of  the  court  makes  up 
his  mind  as  to  the  conduct  of  the  persons  so  paroled  only  from 
what  he  may  happen  to  hear  or  what  the  persons  on  parole  may 
tell  him  when  they  report.  If  they  fail  to  report  the  court  fre¬ 
quently  loses  track  of  them  and  the  purpose  of  the  parole  is  lost. 
A  parole  law  without  parole  officers  is  unjust  and  ineffective. 

It  is  of  the  utmost  importance  to  the  welfare  of  homes  to 
have  probation  officers  for  adults,  because  it  is  usually  the  adult 
who  is  responsible  for  neglected  children.  Probation  officers  will 
supervise  and  hold  to  account  the  vicious,  intemperate  and 
shiftless  father,  and  the  man  who  deserts  his  wife  and  children  or 


46] 


Children  s  Code  Commission. 


45 


fails  to  support  them.  From  1909  to  1916  the  parole  department 
of  the  Board  of  Public  Welfare  in  Kansas  City  collected  over 
$65,000  from  men  who  have  been  brought  before  the  courts  for 
failure  to  support  their  wives  and  children.  This  money  was 
turned  over  to  the  families. 

The  Commission  recommends  an  addition  to  the  present 
parole  law  permitting  the  judges  of  criminal  courts  to  appoint 
probation  or  parole  officers.  In  order  to  secure  a  uniform  system 
throughout  the  state  it  is  provided  that  these  officers  shall  be 
appointed  with  the  approval  of  the  State  Board  of  Charities 
and  Corrections.  It  is  also  provided  in  the  county  superintendent 
of  welfare  act  that  the  courts  may  utilize  the  services  of  the 
county  superintendent  of  welfare  in  order  to  save  the  expense  of 
special  officers  in  counties  where  there  are  only  a  few  persons  on 
parole. 

Bill  for  the  above  recommendation  on  page  140. 

7.  Treatment  of  Incorrigible  Minors  Over  the  Juvenile 

Court  Age. 

The  legislature  of  1917  enacted  a  law,  as  part  of  the  Chil¬ 
dren’s  Code,  giving  parents  the  power  to  bring  wayward  minors 
over  the  juvenile  court  age  into  the  circuit  court.  This  bill, 
drafted  by  the  Commission  to  harmonize  with  the  proposed 
juvenile  court  act,  which  placed  the  juvenile  court  age  at  18 
years,  was  not  amended  in  the  legislature  when  the  juvenile 
court  age  was  made  17  instead  of  18.  Because  of  this  error  the 
courts  have  been  unable  to  deal  with  the  incorrigible  children  be¬ 
tween  the  ages  of  17  and  18  years  and  request  has  been  made  that 
the  Commission  correct  this  inconsistency  in  the  laws  at  this 
time. 

Bill  for  above  recommendation  on  page  142. 

8.  Repealing  Conflicting  Statute. 

The  1917  legislature  enacted  two  sections  relating  to  com¬ 
mitments  of  negro  girls  to  the  industrial  home  for  negro  girls  at 
Tipton.  As  this  home  is  under  the  control  of  the  state  prison 
board,  and  as  the  matter  of  commitments  is  covered  by  the  state 
prison  board  act,  the  Commission  recommends  the  repeal  of  the 
•additional  section. 

Bill  for  above  recommendation  on  page  143. 


46 


Report  of  the  Missouri 


[46 


9.  Repealing  Conflicting  Statute. 

The  commitment  of  destitute  and  neglected  children  to  the 
state  reformatory  is  prohibited  by  bills  drafted  by  the  Commis¬ 
sion.  Sections  24  and  25  of  the  prison  board  act  are  in  conflict 
with  the  proposed  section  and  with  the  spirit  and  purposes  of 
juvenile  court  legislation.  The  Commission  recommends  their 
repeal. 

Bill  for  above  recommendation  on  page  143. 

10.  Repealing  Obsolete  Statute. 

This  act  is  repealed  as  it  has  proven  of  no  value.  The 
Secretary  of  State  has  no  record  of  any  incorporation  under  it. 

Bill  for  above  recommendation  on  page  143. 


46] 


Children's  Code  Commission . 


47 


CHAPTER  V. 


LAWS  RELATING  TO  THE  CARE  OF  DEPENDENT 

CHILDREN. 

The  care  of  destitute  children  in  Missouri  is  in  a  chaotic 
condition.  There  are  over  fifty  private  child-caring  institutions 
in  the  state.  In  addition,  there  are  a  large  number  of  child¬ 
placing  societies.  The  large  cities  are  crowded  with  commercial 
maternity  homes  and  hospitals  which  receive  hundreds  of  young 
unmarried  women  from  all  over  the  state  and  dispose  of  their 
babies  in  ways  unknown  to  the  public.  These  institutions  and 
agencies  are  caring  for  about  5,000  children.  None  of  them  is 
under  any  supervision  by  the  state. 

In  a  single  month  in  St.  Louis  22  babies  were  advertised  for 
adoption  and  disposed  of  on  a  commercial  basis,  with  no  system 
of  after-care  or  supervision  and  with  no  record  whatever  of  what 
became  of  them.  A  case  in  the  ‘Traffic  in  babies”  was  recently 
given  publicity  when  a  county  was  put  to  the  expense  of  burying 
two  infants  who  had  been  bought  from  a  maternity  home  in 
St.  Louis  for  $5  each.  This  fact  was  disclosed  in  a  suit  in  court 
brought  by  a  police  matron  against  the  parents,  charging  them 
with  mistreatment  of  one  of  the  babies. 

Private  institutions  do  not  give  enough  attention  to  the 
placing  of  children  in  foster  homes,  contenting  themselves,  once  a 
child  finds  its  way  to  an  institution,  that  it  should  remain.  There 
are  no  standard  age  limits,  so  that  children  of  greatly  varying 
ages  are  accepted  in  the  same  institution.  Furthermore,  the 
training  provided  for  children  in  many  of  these  institutions  is  not 
adequate  nor  up-to-date.  Children  cared  for  by  these  institutions 
are  as  much  the  wards  of  the  state  as  those  in  the  state  institu¬ 
tions  and  the  state  has  a  right  to  know  that  they  are  receiving 
proper  protection. 

Little  children  are  found  in  one-third  of  the  almshouses  in 
the  state,  where,  of  course,  influences  are  bad.  This  is  done  in 
spite  of  the  fact  that  the  law  forbids  it.  At  the  present  time  the 
state  makes  no  provision  for  their  care.  In  1916,  761  neglected 
children  passed  through  the  juvenile  court  of  St.  Louis  County 
alone. 


48 


Report  of  the  Missouri 


[46 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  State  Supervision  of  Maternity  Hospitals. 

2.  State  Supervision  of  Private  Child-caring  Institutions. 

Most  progressive  states  have  recognized  the  duty  of  the 
state  in  supervising  private  charitable  institutions  caring  for 
children.  The  public  is  vitally  concerned  in  the  work  for  these 
children,  their  welfare  is  part  of  the  general  welfare  of  the  com¬ 
munity. 

The  Commission  has  made  a  careful  study  of  systems  of 
supervision  and  licensing  of  private  institutions  for  children 
throughout  the  country,  and  has  been  in  communication  with 
authorities  in  several  states  with  regard  to  the  practical  working 
out  of  their  laws  on  this  subject.  Indiana,  Minnesota,  Michigan, 
Massachusetts,  Arkansas,  North  Carolina,  Georgia,  Ohio,  Ten¬ 
nessee,  Pennsylvania,  and  California  are  among  the  states  re¬ 
quiring  some  form  of  state  supervision  and  licensing  of  these 
institutions.  The  Commission  is  publishing  copies  of  letters 
received  from  Mr.  H.  H.  Shirer,  Secretary,  State  Board  of  Chari¬ 
ties  of  Ohio,  and  from  Rev.  Francis  H.  Gavisk,  Chancellor, 
Catholic  Diocese  of  Indianapolis,  member  of  the  State  Board  of 
Charities  of  Indiana.  The  Ohio  law  was  enacted  in  1913;  the 
Indiana  law  was  passed  in  1909. 

Bills  for  the  above  recommendation  on  pages  147 ,  148. 


46] 


Children's  Code  Commission. 


49 


STATE  OF  OHIO 

BOARD  OF  STATE  CHARITIES 
335  South  High  Street 
COLUMBUS 

October  29,  1918. 

Lucille  B.  Lowenstein, 

Washington  Hotel, 

St.  Louis,  Mo. 

Dear  Madame: 

I  have  your  letter  of  October  25. 

The  experience  of  Ohio,  under  its  so-called  Juvenile  Code,  enacted  in 
1913,  giving  the  Board  of  State  Charities  power  to  certify  and  supervise 
public  and  private  child-caring  institutions,  has  been  a  means  of  good  for  all 
concerned. 

In  the  case  of  public  institutions  an  appeal  can  be  made  to  the  residents 
of  the  community  which  the  institution  is  designed  to  serve  when  it  is  found 
that  is  is  not  measuring  up  to  its  opportunities  and  is  otherwise  falling  below 
accepted  minimum  standards  of  management.  In  the  case  of  private  insti¬ 
tutions  it  is  often  more  difficult  to  arouse  an  interest.  We  are  fortunate  in 
having  several  excellently  managed  private  institutions  which  can  be  used  as 
actual  examples  of  what  we  insist  shall  be  done  in  certain  other  institutions. 
All  these  private  institutions  are  operated  under  terms  of  charters  given  to 
them  and  are  not  governed  by  any  general  state  law,  except  such  rules  and 
regulations  as  the  Board  of  State  Charities  may  from  time  to  time  establish. 

Looking  back  over  the  brief  experience,  we  are  convinced  that  the  effort 
has  been  worth  while.  A  number  of  very  poorly  managed  institutions  have 
been  refused  certification  (the  term  used  in  granting  licenses  in  Ohio)  until 
such  time  as  the  institutions  would  show  even  a  willingness  to  undertake 
needed  changes  or,  in  certain  institutions,  to  actually  provide  changes.  Un¬ 
fortunately,  our  present  law  is  so  worded  that  it  does  not  reach  the  individual 
who,  to  all  appearances,  is  conducting  an  institution,  because  he  has  no  cor¬ 
poration  organization  or  other  form  of  association.  The  proposed  Missouri 
act  should  be  so  worded  as  to  include  individuals  as  well  as  incorporated 
agencies. 

It  was  asserted  by  some  of  the  opponents  to  the  new  powers  of  the  Board 
of  State  Charities,  that  it  is  the  intent  of  our  Board  to  close  up  many  insti¬ 
tutions  and  to  establish  the  Massachustts  system  of  boarding  dependent  chil¬ 
dren  in  family  homes.  This  was  merely  a  wild  guess  on  the  part  of  some 
individuals  who  were  seeking  to  make  trouble,  as  our  Board  has  pursued  the 
theory  that  it  was  a  question  of  putting  to  the  best  use  possible  the  agencies  as 
they  existed,  rather  than  attempting  to  carry  out  a  revolutionary  plan  of 
conduct.  As  we  are  required  to  recommend  the  incorporation  of  proposed 
child-caring  agencies  and  institutions  before  the  Secretary  of  State  can  issue 
the  articles  of  incorporation,  we  are  slow  to  approve  the  establishment  of 
any  additional  institutions. 

Very  truly  yours, 

(Signed)  H.  H.  SHIRER, 

Secretary. 


Indianapolis,  Ind., 
December  18,  1916. 


4 


50 


Report  of  the  Missouri 


[46 


Chancery 

Diocese  of  Indianapolis, 

126  West  Georgia  Street. 

Dr.  George  B.  Mangold, 

St.  Louis,  Mo. 

My  dear  Dr.  Mangold: 

Some  years  ago  when  it  was  proposed  to  place  all  child-caring  institutions 
under  the  supervision  of  the  Board  of  State  Charities,  that  is,  requiring  them 
to  be  licensed  and  inspected  by  the  officials  of  the  Board,  there  was  some 
opposition  by  Catholics  to  the  measure,  as  none  of  the  Catholic  Orphan 
Asylums  in  Indiana  received  any  aid  from  either  the  County  or  the  State. 
Because  the  House  of  the  Good  Shepherd  in  Indianapolis  received  children 
committed  to  their  care  from  the  courts  and  from  the  County  Boards  of 
Children’s  Guardians  it  received  pay  for  such  children  from  some  of  the 
counties  but  not  (at  that  time)  from  the  courts.  That  institution  was  always 
inspected  both  by  the  Board  of  State  Charities  and  the  County  Board  of 
Charities.  There  was  never  the  least  friction;  the  relation  was  mutually  help¬ 
ful. 

The  licensing  law  in  Illinois  requiring  child-caring  institutions  to  be  in¬ 
spected  put  a  number  of  unworthy  institutions  out  of  business  and  they  moved 
over  to  Indiana.  Many  of  these  were  mere  exploitations  of  children  to  pro¬ 
vide  places  for  keepers.  Some  undertook  to  care  for  orphan  and  neglected 
children  under  conditions  which  the  community  ought  not  to  tolerate;  one 
such  opened  an  orphan  asylum  near  this  city  in  a  barn  and  housed  29  children. 
There  was  no  legal  provision  to  prevent  this.  When  these  conditions  were 
learned  by  the  Catholic  authorities  the  opposition  ceased  and  the  law  requiring 
child-caring  institutions  to  be  licensed  and  inspected  by  the  Board  of  State 
Charities  was  passed.  The  law  has  been  in  operation  about  ten  years.  There 
has  been  no  friction;  as  I  have  been  on  the  Board  of  State  Charities  for  more 
than  nine  years  I  am  entirely  familiar  with  its  operation.  The  Inspector  of 
the  Board  is  Miss  Ethel  Clarke,  a  woman  of  tact  and  discretion  and  thoroughly 
familiar  with  what  a  child-caring  institution  ought  to  be.  She  visits  the  Orphan 
Asylums  of  the  Catholic  Church  in  the  State  at  regular  intervals  and  reports 
upon  them — usually  in  favorable  terms.  The  reports  of  her  inspections  are 
the  basis  of  a  renewal  of  the  annual  license.  The  licenses  have  always  been 
renewed  without  question  by  the  Board.  I  think  I  can  say  that  the  inspections 
are  helpful  to  the  institutions.  As  in  some  instance  licenses  have  been  held  up 
and  even  denied  (none,  however,  to  Catholic  institutions)  and  improvements 
suggested,  the  inspections  have  not  been  merely  formal. 

I  am,  very  truly,  yours 

(Signed)  FRANCIS  H.  GAVISK. 


46] 


Children's  Code  Commission. 


51 


3.  Establishing  a  State  Home  for  Dependent  Children. 

Missouri  cares  for  delinquent  children  in  the  industrial 
home  for  girls  at  Chillicothe  and  the  home  for  negro  girls  at 
Tipton  and  the  reformatory  for  boys  at  Boonville;  deaf  and  blind 
children  are  given  homes  and  education  at  the  state  homes  for 
the  deaf  and  blind  at  Fulton  and  St.  Louis;  feeble-minded  chil¬ 
dren  are  cared  for,  however  inadequately,  at  the  colony  for  feeble¬ 
minded  at  Marshall,  but  the  state  has  made  no  provision  what¬ 
ever  for  the  care  of  homeless,  ill-treated  and  neglected  children, 
awaiting  placement  in  foster  homes  or  with  adopted  parents. 

In  order  to  make  effective  the  child  placement  work  of  the 
Children  s  Bureau  in  the  State  Board  of  Charities,  it  is  necessary 
to  have  a  temporary  receiving  home  for  cases  of  (1)  destitute 
children  who  are  in  need  of  a  little  training  before  they  can  be 
accepted  in  proper  homes,  (2)  for  children  who  have  been  re¬ 
turned  from  foster  homes  and  are  waiting  placement  in  a  new 
home,  and  (3)  the  children  for  whom  there  is  difficulty  in  finding 
permanent  homes.  Such  children  are  now  being  kept  in  alms¬ 
houses,  jails  and  other  improper  places  in  the  counties. 

The  most  satisfactory  method  of  meeting  this  situation  is 
in  the  establishment  of  a  state  home  for  dependent  children 
where  they  may  be  kept  temporarily  to  fit  them  for  family  life  in 
a  foster  or  adoptive  home.  Eleven  states  have  adopted  this 
plan,  the  most  notable  examples  of  the  system  are  in  Minnesota, 
Wisconsin  and  Michigan.  Minnesota  established  this  home 
thirty  years  ago  and  has  cared  for  5,500  children.  The  Michigan 
home  is  somewhat  older  and  has  handled  over  9,000  children. 

A  bill  establishing  such  a  home  for  Missouri  was  passed  in 
both  houses  of  the  1917  legislature  but  was  vetoed  by  the  Gover¬ 
nor.  The  Commission  is  reintroducing  the  same  bill  with  the 
hope  that  the  financial  condition  of  the  state  is  such  now  that 
the  establishment  of  such  a  home  will  be  possible  in  1919. 

Bill  for  the  above  recommendation  on  page  150. 


52 


Report  of  the  Missouri 


[46 


CHAPTER  VI. 


LAWS  RELATING  TO  CARE  OF  DEFECTIVE  CHILDREN. 

FEEBLE-MINDED. 

There  is  no  state  in  the  Union  with  the  same  population  and 
wealth  as  Missouri  (with  possibly  one  exception),  which  has  pro¬ 
vided  such  meagre  institutional  facilities  for  the  care  of  the 
feeble-minded. 

Less  than  10%  of  our  feeble-minded  population,  estimated 
at  6,000,  is  confined  in  the  Missouri  Colony  for  the  Feeble¬ 
minded  and  Epileptic  at  Marshall,  the  only  institution  of  this 
kind  the  state  maintains.  The  great  majority  are  at  large  in  the 
state,  constituting  a  heavy  burden  on  public  and  private  charity 
and  on  hundreds  of  families.  Many  feeble-minded  are  now  being 
improperly  kept  in  hospitals,  jails,  prisons  and  reformatories. 

Only  two  cities  in  the  state,  St.  Louis  and  Kansas  City, 
provide  special  classes  in  the  schools  for  feeble-minded  and  back¬ 
ward  children.  The  need  for  such  classes  throughout  the  state 
is  great. 

The  only  public  clinics  for  the  examination  of  these  defective 
children  are  ones  supported  by  the  St.  Louis  Board  of  Education 
and  one  in  connection  with  the  juvenile  court  of  Kansas  City. 

EPILEPTICS. 

It  is  estimated  that  there  are  at  least  1,000  dependent  epi¬ 
leptics  in  the  state.  The  Colony  at  Marshall,  which  was  estab¬ 
lished  for  the  care  of  both  the  feeble-minded  and  epileptic,  ac¬ 
commodates  only  162  epileptics.  A  large  number  are  improperly 
confined  in  the  various  state  and  county  institutions,  but  most 
of  them  are  in  their  homes  without  special  care. 

CRIPPLED  CHILDREN. 

There  is  not  one  special  class  or  school  or  home  for  crippled 
children  in  Missouri.  There  are  no  laws  whatever  bearing  upon 
the  education  of  these  children,  who,  with  proper  training,  can 
usually  be  made  entirely  self-supporting. 


46] 


Children's  Code  Commission. 


53 


BLIND  AND  DEAF  CHILDREN. 

The  state  supports  two  residential  schools  for  the  training 
of  these  defectives — The  Missouri  School  for  the  Blind  at  St. 
Louis  and  the  School  for  the  Deaf  at  Fulton.  There  is  not  one 
special  class  or  day  school  in  the  state  for  the  education  of  blind 
children.  Kansas  City  and  St.  Louis  have  the  only  special  public 
schools  for  the  deaf. 

Many  of  these  handicapped  children  are  growing  up  with¬ 
out  any  schooling  whatever,  as  the  school  attendance  law  does 
not  at  present  compel  their  parents  or  guardians  to  send  them  to 
school. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  Relating  to  Compulsory  Commitment  of  Dependent 
Feeble-minded  Persons  to  the  State  Institution. 

Feeble-minded  persons,  because  of  a  defect  in  the  brain 
existing  from  birth  or  an  early  age,  do  not  “grow  up”  mentally. 
Though  they  may  be  adults  in  years  and  in  size  they  are  children 
in  habits  and  capabilities.  All  feeble-minded  lack  self-control. 
They  are  easily  led  into  temptation  and  easily  drift  into  im¬ 
morality  and  crime.  Many  of  them,  unable  to  earn  their  own 
living,  are  thrown  upon  the  state  or  private  charity  for  support. 
There  is  no  method  known  to  modern  science  by  which  the  feeble¬ 
minded  can  be  brought  to  normality. 

A  very  low  estimate  of  the  number  of  feeble-minded  persons 
in  Missouri  in  1917  is  6,000.  The  institution  at  Marshall,  in 
1918,  accommodated  only  416  exclusive  of  epileptics  and  had  a 
waiting  list  of  800.  The  jails,  almshouses,  reformatories,  hospitals 
and  other  improper  places  house  about  fifteen  hundred  of  these 
unfortunates.  It  is  estimated  that  there  are  about  4,000  at  large 
in  the  state  in  need  of  care  and  treatment,  a  constant  menace  to 
the  community. 

The  state  cannot  cope  with  the  serious  problem  of  feeble¬ 
mindedness  without  the  power  to  enforce  commitment  of  those 
who  are  not  under  proper  supervision  and  control. 

The  Commission  recommends  a  law  to  meet  this  need,  as 
follows: 

(1)  Commitments  must  be  made  by  the  circuit  court. 


54 


Report  of  the  Missouri 


[46 


(2)  No  person  may  be  committed  to  an  institution  with¬ 
out  legal  certification  of  feeble-mindedness  by  experts  appointed 
by  the  court. 

(3)  Discharges  may  be  made  by  the  court  which  com¬ 
mitted  only  upon  the  recommendation  of  the  superintendent  of 
the  institution  in  which  the  person  is  confined  and  the  secretary 
of  the  State  Board  of  Charities  and  Corrections. 

(4)  The  compulsory  provision  will  apply  to  all  feeble¬ 
minded  dependents,  girls  and  women  of  child-bearing  age, 
prostitutes  and  criminals. 

(5)  Petitions  for  commitment  may  be  filed  with  the  judge 
of  the  circuit  court  by  parents,  guardians  or  by  any  responsible 
citizen. 

Bill  for  above  recommendation  on  page  157. 

2.  Providing  Increased  Facilities  for  the  Care  of  the 

Feeble-minded. 

The  state  of  Missouri  now  maintains  one  institution  for  the 
care  of  the  feeble-minded  and  epileptic  at  Marshall,  with  a 
capacity  of  about  600.  If  Missouri  provided  the  same  accom¬ 
modation  in  proportion  to  the  population  as  Iowa  does  she 
would  care  for  over  2,200;  if  the  state  did  as  well  as  Massachu¬ 
setts  in  the  care  of  these  handicapped  persons  Missouri  would  now 
care  of  2,900. 

The  Commission  recommends  the  enlargement  of  the  in¬ 
stitution  at  Marshall  to  care  for  at  least  1,000  persons. 

The  Commission  recommends  an  appropriation  to  en¬ 
large  the  institution  at  Marshall  to  care  for  at  least  1,000  persons. 

We  recommend  that  the  board  of  managers  be  given  power 
over  such  funds  as  may  be  appropriated  to  make  all  desirable 
provisions  for  the  feeble-minded,  in  camps  or  in  separate  insti¬ 
tutions  located  wherever  the  board  may  determine.  This  will 
provide  eventually,  when  funds  are  available,  for  the  separation 
of  the  epileptic  from  the  feeble-minded. 

Feeble-minded  prostitutes  should  be  cared  for  permanently 
in  detached  cottages  at  the  central  colony  and  adequate  provi¬ 
sion  should  be  made  for  colored  inmates. 

Bill  for  above  recommendations  on  page  160. 

3.  Special  Classes  for  Defective  Children  in  the  Public 

Schools. 

In  every  school  district  of  the  state  there  are  children  who, 
unable  to  keep  up  with  the  normal  children  in  the  regular  classes, 


46] 


Children's  Code  Commission. 


55 


are  a  drag  on  the  teacher  and  the  other  pupils.  They  are  the 
feeble-minded  and  backward  children,  and  eventually  become 
the  truants  and  delinquents. 

The  importance  of  organizing  special  classes  for  these  chil¬ 
dren,  in  which  the  training  is  adapted  to  their  individual  needs, 
has  been  recognized  in  the  large  cities  of  the  state.  Special 
classes  have  been  established  in  St.  Louis  and  Kansas  City. 
According  to  the  1917  report  of  the  chief  attendance  officer  of 
St.  Louis,  the  separation  of  these  children  from  the  normal 
children  of  the  regular  grades,  and  the  provision  for  their  train¬ 
ing  in  kinds  of  work  for  which  they  are  suited  has  been  a  tre¬ 
mendous  factor  in  reducing  the  number  of  habitual  truants. 
There  were  in  St.  Louis  during  that  year  434  children  in  special 
classes  where  instruction  was  given  to  meet  the  requirements  of 
the  individual  pupil;  3,111  children  who  were  backward  in  their 
grades  because  of  mental  or  physical  defects  were  given  in¬ 
struction  adjusted  to  their  needs  in  what  is  called  ungraded 
classes.  Of  the  number,  1,317  were  enabled  to  be  restored  to 
their  normal  grades  at  the  end  of  the  year. 

It  is  estimated  that  there  are  3,000  feeble-minded  and  20,000 
backward  children  in  the  public  schools  of  the  state.  Among 
the  l,59i  children  examined  during  the  last  three  and  a  half 
years  in  the  St.  Louis  public  school  clinic,  476  feeble-minded 
children  have  been  found;  353  children  have  been  declared 
“border-line”  cases.  The  schools  of  the  rural  communities 
should  be  equipped  to  do  anything  and  everything  for  the  country 
child  that  the  schools  of  St.  Louis  and  Kansas  City  offer  the  city 
children. 

The  Commission  recommends  the  establishment  of  special 
classes  in  the  public  schools  for  the  training  of  feeble-minded, 
deaf,  blind  and  crippled  children  in  every  school  district  in  the 
state  in  which  ten  such  children  are  in  need  of  training.  Where 
two  or  more  school  districts  each  have  less  than  10  of  these 
defective  children,  these  districts  may  jointly  organize  the 
classes.  An  annual  appropriation  of  $300  will  be  granted  by  the 
state  for  each  class. 

The  Commission  further  recommends  amendments  to  the 
compulsory  attendance  law  so  as  to  make  it  apply  to  these  de¬ 
fective  children  in  districts  in  which  special  classes  have  been 
established;  in  districts  in  which  no  provision  has  been  made, 
the  State  Board  of  Charities  is  authorized  to  place  such  children 
in  need  of  special  training  in  a  school  district  where  special 


56 


Report  of  the  Missouri 


[46 


classes  have  been  established;  the  expense  of  transportation  and 
maintenance  of  the  child  to  be  charged  to  the  county  where  it 
resided. 

Bills  for  the  above  recommendation  on  page  162. 

4.  Creation  of  a  Bureau  for  Mental  Defectives. 

The  means  available  in  the  state  at  present  for  the  examina¬ 
tion  and  classification  of  feeble-minded  children  are  entirely  in¬ 
adequate.  In  many  counties  there  is  no  one  qualified  to  do  this 
work.  The  correct  diagnosis  is  often  difficult  and  mistakes  are 
serious  both  to  the  individual  and  to  the  community.  The 
public  schools  are  greatly  in  need  of  such  service  so  that  these 
defective  children  may  be  removed  as  early  as  possible  from  the 
regular  classes  where  they  hamper  the  progress  of  normal  pupils. 

It  is  important  that  the  courts  should  be  able  to  deal  in¬ 
telligently  with  feeble-minded  delinquents.  The  judge  of  the 
juvenile  court  should  know  whether  the  child  brought  before, 
him  is  feeble-minded  and  irresponsible. 

The  Commission  proposes  the  establishment  of  a  bureau  for 
mental  defectives  in  the  University  of  Missouri  to  serve  the 
schools,  courts  and  institutions  of  the  state  in  the  examination 
of  defective  children.  An  annual  appropriation  of  $10,000  is 
required. 

Such  bureaus  have  been  established  in  Illinois,  Ohio,  Min¬ 
nesota,  California  and  other  states.  The  Juvenile  Psycho¬ 
pathic  Institute  at  Chicago  is  supported  by  the  Illinois  De¬ 
partment  of  Public  Welfare  and  by  Cook  County,  witn  an  ex¬ 
penditure  of  approximately  $15,000  a  year.  Iowa  maintains  a 
psychological  clinic  in  the  state  university.  Minnesota  maintains 
a  department  in  the  state  school  for  the  feeble-minded  and  in 
the  state  university.  The  state  department  of  education  has  a 
department  for  backward  and  feeble-minded  children.  Cali¬ 
fornia  maintains  bureaus  in  the  boys’  reformatory,  in  the  girls’ 
reformatory,  in  the  state  board  of  charities  and  corrections,  in 
the  state  university,  and  in  the  state  institution  for  feeble-minded. 
In  addition,  the  cities  of  Los  Angeles,  Oakland,  San  Francisco 
and  San  Diego  have  bureaus  which  serve  the  schools  and  courts. 

Bill  for  the  above  recommendation  on  page  164 . 


46] 


Children's  Code  Commission. 


57 


MEASURES  ENDORSED  BY  THE  COMMISSION  NOT 
INCLUDED  IN  THE  CODE. 

INSANE  CHILDREN. 

Little  attempt  has  been  made  in  the  state  to  secure  pre¬ 
ventive  treatment  of  incipently  insane  children.  Custodial  care 
is  provided  for  them  in  state  and  municipal  hospitals  for  the 
insane  and  in  the  state  institution  for  the  feeble-minded.  Many 
are  to  be  found  improperly  confined  in  state  institutions  for 
juvenile  delinquents  and  in  county  infirmaries. 

The  Commission  recommends  the  establishment  of  observa¬ 
tion  wards  in  connection  with  the  hospitals  for  the  insane  to  give 
preventive  and  curative  treatment  to  this  class  of  children. 
Educational  authorities  are  urged  to  report  all  such  cases  in  the 
public  schools  for  observation  and  treatment.  No  legislation 
is  necessary  to  accomplish  this. 


THE  EPILEPTIC. 

The  state  has  thus  far  made  very  meagre  provision  for  the 
care  of  its  epileptic  dependents.  The  colony  at  Marshall,  which 
was  erected  for  the  care  of  both  the  feeble-minded  and  epileptic, 
can  accommodate  only  162  epileptics  at  the  present  time.  It  is 
estimated  that  there  are  at  least  1,000  in  need  of  state  care  to¬ 
day. 

In  order  that  the  state  may  meet  this  need,  the  Commission 
believes  that  a  separate  institution  should  be  established  for 
the  care  of  epileptics,  under  the  same  general  management.  This 
institution  should  be  constructed  on  the.  cottage  plan  and  em¬ 
phasis  should  be  placed  on  practical  industrial  training. 


THE  CONTROL  AND  ELIMINATION  OF  DEFECTIVE  CLASSES. 

The  measures  recommended  for  the  care  and  treatment  of 
defective  classes  are  only  a  beginning.  For  any  really  adequate 
solution  they  must  be  more  far-reaching.  Feeble-mindedness 
alone  is  an  extremely  difficult  problem,  involving  many  remedies 
covering  a  long  period  of  time. 

The  Commission  has  indicated  only  the  more  immediate 
steps,  without  going  into  an  extensive  discussion  of  those  other 


58  Report  of  the  Missouri  [46 

steps  which  must  be  taken  later  to  get  at  the  whole  problem  suc¬ 
cessfully. 

We  have  considered  the  laws  passed  in  other  states  for  the 
prevention  of  degeneracy  and  defectiveness  by  sterilizing  both 
men  and  women  so  as  to  prevent  procreation.  We  do  not  believe 
that  Missouri  is  yet  ready  for  legislation  of  this  sort,  nor  that  its 
usefulness  has  yet  been  demonstrated  in  the  other  states  where  it 
is  being  tried  out. 


46J 


Children's  Code  Commission. 


59 


CHAPTER  VII. 

LAWS  RELATING  TO  EMPLOYMENT  OF  CHILDREN. 

The  laws  which  protect  child  workers  in  Missouri  compare 
favorably  with  those  of  other  states,  except  in  agriculture, 
domestic  service  and  street  trades  in  cities.  Except  in  these 
particulars  Missouri  follows  the  so-called  “model”  or  uniform 
child  labor  law.  Thorough  enforcement,  however,  is  utterly  im¬ 
possible  under  the  law.  Inspection  is  confined  to  cities  of  10,000 
population  and  over  and  the  present  “fee  system”  supporting 
the  department  cripples  any  thorough  work. 

The  child  labor  law  prohibits  the  employment  of  boys  and 
girls  under  fourteen  years  of  age  in  all  gainful  occupations,  except 
in  agriculture  and  domestic  service.  There  are  no  restrictions 
whatever  as  to  age  or  hours  of  work  for  the  large  group  of  children 
in  this  kind  of  work. 

The  law  permits  children  to  go  to  work  at  fourteen  years, 
if  they  first  get  a  certificate  from  the  school  authorities.  Between 
fourteen  and  sixteen  years  children  may  work  only  8  hours  a 
day,  between  7  a.  m.  and  7  p.  m.,  and  not  more  than  48  hours  a 
week.  They  are  forbidden  to  enter  occupations  “dangerous  to 
health  or  morals,”  many  of  which  are  specified,  and  to  work  on 
certain  dangerous  machinery.  Children  not  at  work  must  be  in 
school.  There  are  no  restrictions  after  the  sixteenth  birthday 
except  in  cases  of  girls,  who  are  protected  by  the  labor  laws 
relating  to  women. 

The  present  law  makes  only  an  age  requirement  for  a  child 
to  go  to  work;  there  is  no  provision  that  they  must  have  finished 
a  certain  grade  in  school.  Missouri  does  not  require  physical 
examinations  to  determine  the  fitness  of  children  to  enter  par¬ 
ticular  kinds  of  work,  an  exceedingly  important  provision  in 
industrial  districts. 

There  is  no  explicit  provision  prohibiting  children  of  fourteen 
to  sixteen  years  working  in  mines  or  underground;  the  law  pro¬ 
hibiting  children  fourteen  to  sixteen  years  from  work  on  dangerous 
machinery  enumerates  only  a  limited  number.  The  law  pro¬ 
hibiting  the  employment  of  children  in  theatrical  performances 
is  ineffective  and  unenforceable. 


(59) 


60 


Report  of  the  Missouri 


[46 


The  section  of  the  law  regulating  street  trades  among 
children  is  entirely  ineffectual  because  it  provides  no  system  of 
license  or  supervision.  It  prohibits  boys  under  ten  and  girls 
under  sixteen  from  selling  articles  on  the  street,  but  it  is  not  en¬ 
forceable. 

There  is  no  provision  to  prohibit  children  under  twenty-one 
from. engaging  in  night  messenger  service  as  is  now  customary  in 
modern  child  labor  legislation. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

The  Commission  suggests  a  number  of  amendments  to  the 
child  labor  law  to  meet  the  needs  outlined  above. 

The  amendments  proposed  are: 

(1)  Prohibiting  the  employment  of  children  under  14 
years  in  any  occupation  in  the  state,  except  that  children  may 
work  in  agriculture  when  school  is  not  in  session. 

(2)  Raising  the  age  limits  for  boys  in  street  trades  to  12 
and  for  girls  to  18  and  requiring  licenses  and  badges. 

(3)  Prohibiting  the  employment  of  children  under  21  years 
in  night  messenger  service. 

(4)  Prohibiting  the  employment  of  girls  under  18  years  in 
messenger  service. 

(5)  Prohibiting  the  employment  of  children  under  16  years 
in  mines,  underground  work,  on  power  machinery  and  prohibiting 
their  employment  on  the  stage  unless  a  special  permit  has  been 
obtained  from  the  factory  inspector. 

(6)  Requiring  physical  examination  and  completion  of  the 
eighth  grade  in  school  for  the  issuance  of  employment  certi¬ 
ficates  for  children  between  14  and  16  years. 

(7)  Issuing  a  certificate  of  age  proof  to  children  between 
16  and  18  years  to  be  filed  with  the  employer. 

1.  The  Age  at  Which  Children  May  Work — Hours  of 
Work  for  Children. 

The  present  act  regulating  child  labor  does  not  prohibit 
the  employment  of  children  under  fourteen  years  in  farm  labor 
and  domestic  service.  The  danger  of  exploitation  in  these  fields 
is  great,  yet  the  subject  has  not  been  attacked  in  the  child  labor 
movement  in  this  state.  Farm  work  is  an  occupation  for  summer 
vacation  rather  than  during  the  period  while  school  is  in  session. 


46] 


Children's  Code  Commission. 


61 


In  1916  an  investigation  of  school  children  who  work  after 
school  hours  was  made  by.  the  Federal  Bureau  of  Education, 
covering  eleven  states,  including  Missouri.  The  study  showed 
that  of  a  total  of  14,391  children,  33%  of  the  boys  and  26%  of 
the  girls  performed  farm  work  for  pay.  The  nature  of  the  work 
varied,  including  picking  fruits,  weeding,  hoeing  and  cultivating 
crops,  and  caring  for  poultry,  horses  and  other  live  stock. 

Over  50%  of  the  school  girls  found  working  after  school 
hours  were  engaged  in  housework;  nearly  half  of  these  were  work¬ 
ing  for  someone  other  than  their  parents.  These  children  be¬ 
come  so  exhausted  that  they  are  unable  to  keep  up  with  their 
studies  and  drop  out  of  school.  The  1917  report  of  the  state 
superintendent  of  schools  in  Missouri  shows  that  only  one-half 
as  many  children  completed  the  common  school  course  in  the 
country  schools  as  those  in  the  towns  and  cities. 

The  United  States  Department  of  Labor  has  set  a  high 
standard  of  conditions  of  farm  work  suitable  to  boys.  It  has 
organized  in  every  state  the  Boys’  Working  Reserve,  U.  S.  A., 
in  which  only  boys  over  16  years  of  age  are  enrolled.  Each 
boy  must  pass  a  physical  examination  and  present  the  written 
consent  of  his  parents.  Leaders  and  instructors  who  will  super¬ 
vise  the  boys  accompany  each  group. 

The  Commission  recommends  prohibiting  the  employment 
of  children  under  fourteen  years  of  age  in  any  kind  of  work  for 
wages.  This  will  include  domestic  service  and  farm  labor, 
excepting  that  children  may  be  employed  on  the  farm  during 
the  school  vacation  period. 

Bills  for  the  above  recommendations  on  page  169. 


2.  Issuance  of  Employment  Certificates. 

PHYSICAL  EXAMINATION. 

The  present  law  relating  to  the  issuance  of  employment 
certificates  by  the  educational  authorities  does  not  require 
physical  examination  of  the  child  by  a  physician  to  determine 
fitness  for  particular  kinds  of  work.  The  officer  issuing  a  certi¬ 
ficate  may  have  such  examination  made  if  he  sees  fit,  but  this  is 
seldom  done  outside  of  the  cities.  The  need  for  a  thorough 
examination  of  these  children  is  great  in  order  that  physical 
weaknesses  may  be  discovered  and  corrected  before  they  have 
entered  upon  their  industrial  life.  Twenty-two  states  now  re- 


62 


Report  of  the  Missouri 


[46 


quire  a  certificate  of  physical  fitness  before  the  employment 
certificate  is  issued  to  a  child. 

The  Commission  recommends  that  every  child  should 
undergo  a  physical  examination  when  applying  for  employment 
certificates. 


EDUCATIONAL  REQUIREMENTS. 

Children  may  now  go  to  work  if  they  are  fourteen  years  of 
age  without  any  other  educational  accomplishment  than  ability 
to  read  and  write.  This  does  not  fulfill  the  purpose  of  the  com¬ 
pulsory-school  attendance  law  to  guarantee  every  child  at  least 
an  elementary  education  and  to  guarantee  the  state  a  new 
generation  of  better  educated  men  and  women. 

Seventy-eight  per  cent  of  the  children  who  applied  for  work 
certificates  in  St.  Louis  in  1917,  totaling  6,621,  left  school  before 
they  had  completed  the  8th  grade;  more  than  40%  had  not 
completed  the  6th  grade. 

The  Commission  proposes  an  amendment  to  the  present  law 
requiring  children  to  remain  in  school  until  they  are  16  years  of 
age  unless  they  have  completed  the  8th  grade  in  school. 

Children  between  14  and  16  who  are  not  at  work  should  be 
required  to  attend  school.  In  order  that  the  attendance  officer 
may  return  any  unemployed  children  to  school,  the  Commission 
recommends  that  the  work  certificate  must  be  returned  to  the 
issuing  officer  as  soon  as  the  child  leaves  his  place  of  employment. 


PROOF  OF  AGE  FOR  CHILDREN  BETWEEN  16  AND  18. 

Injustice  is  now  being  done  employers  by  placing  upon 
them  the  responsibility  of  deciding  whether  children  applying 
for  work  who  claim  to  be  over  16  years  of  age  are  really  of  that  age. 

It  is  often  difficult  for  the  employer  to  know  a  child’s  age; 
he  must  take  the  child’s  word.  The  courts  have  ruled,  however, 
that  the  actual  age  of  the  child  is  the  determining  factor  and  that 
the  false  statement  of  the  child  is  no  defense  for  the  employer. 

The  Commission  recommends  requiring  proof  of  age  of 
children  between  sixteen  and  eighteen  years  who  are  seeking 
employment.  This  certificate  will  be  issied  upon  birth  certi¬ 
ficate,  or  upon  a  previous  employment  certificate  by  the  issuing 
officer. 

Bills  for  the  above  recommendations  on  page  171. 


46] 


Children's  Code  Commission. 


63 


3.  Relating  to  Employment  of  Children  in  Street  Trades. 

The  present  law  regulating  street  trades  permits  boys  of  10 
years  of  age  and  over  and  girls  16  years  of  age  and  over  to  sell 
on  the  streets. 

Federal  investigation  in  1916  showed  that  next  to  farm 
labor,  street  trades  hold  the  largest  number  of  children  working 
before  and  after  school  hours  during  the  school  session.  The 
work  includes  running  errands,  taking  orders,  delivering  goods 
and  messages,  peddling  and  the  like.  While  the  selling  of  news¬ 
papers  hold  a  large  proportion  of  the  group,  most  of  the  girls  were 
found  selling  flowers. 

It  is  clear  that  children  who  spend  more  than  four  or  five 
hours  a  day  outside  of  school  hours  working  on  the  streets  are 
under  too  great  a  strain  to  make  the  best  use  of  their  time  at 
school.  Besides,  these  children  are  thrown  in  contact  with  all 
kinds  of  evil  and  the  great  majority  of  them  eventually  come  into 
the  juvenile  courts.  A  recent  study  of  the  National  Child  Labor 
Committee  disclosed  the  fact  that  56%  of  the  total  number  of 
cases  coming  into  the  children’s  court  of  Manhattan  showed 
direct  connection  with  employment  in  street  trades. 

These  children  need  our  protection.  Twenty  states  have 
regulated  the  employment  of  children  in  these  occupations.  Mis¬ 
souri  is  among  this  number  but  the  present  provision  is  unen¬ 
forceable. 


NIGHT  MESSENGER  SERVICE. 

Of  all  forms  of  street  trades  in  which  children  are  engaged, 
none  is  as  harmful  as  night  messenger  service.  It  brings  the 
child  into  personal  contact  with  vice;  it  fails  to  train  him  for 
future  work,  teaching  little  of  value  and  actually  leaves  him 
unfit  for  industrial  life.  Of  the  49  boys  on  parole  in  the  Kansas 
City  courts  who  gave  as  their  occupation  messenger  service, 
42  were  between  the  ages  of  17  and  22.  The  state  permits  the 
boy  of  18,  19  and  20,  the  most  critical  period  of  his  life,  to  be 
engaged  in  the  most  demoralizing  and  objectionable  kind  of  work. 

Thirty  states  in  the  Union  have  regulated  night  messenger 
service  for  children.  Arizona,  Delaware,  Kentucky,  Massachu¬ 
setts,  New  York,  New  Jersey,  Pennsylvania,  Rhode  Island,  Utah 
and  Wisconsin  have  the  twenty-one  year  age  limit.  Missouri 
has  made  no  provision  whatever  to  keep  children  out  of  this 
occupation. 


64 


Report  of  the  Missouri 


[46 


The  Commission  recommends  the  following  amendments 
relating  to  street  trades: 

(1)  Raising  the  age  limit  of  boys  in  street  trades  to  12 
years  and  for  girls  to  18  years  and  requiring  licenses  and  badges. 

(2)  Prohibiting  the  employment  of  girls  under  18  in  mes¬ 
senger  service. 

(3)  Prohibiting  the  employment  of  children  under  twenty- 
one  in  night  messenger  service. 

Bills  for  above  recommendations  on  page  174. 

4.  Employment  of  Children  Under  16  in  Certain  Dan¬ 
gerous  Occupations  Prohibited. 

At  the  present  time  boys  between  fourteen  and  sixteen  years 
are  permitted  to  work  in  mines,  where  their  lives  and  health  are 
constantly  endangered. 

In  addition  to  work  in  mines  there  are  many  occupations 
dangerous  to  the  health  and  morals  of  children.  Forty-two 
per  cent  of  the  deaths  of  working  children  between  10  and  14 
years  of  age  are  caused  by  accident.  The  present  law  lists  a 
number  of  dangerous  machines  on  which  children  are  forbidden 
to  work.  This  is  unsatisfactory  and  ineffective  because  it  makes 
evasion  of  the  law  easy  and  risks  lives  of  young  children  who 
work  on  power  machines  not  included  in  the  list. 

The  present  law  permits  children  of  any  age  to  appear  on 
the  stage  if  it  is  “a  respectable  entertainment.”  Twenty-seven 
states  regulate  the  employment  of  children  under  sixteen  years 
in  theatrical  performances.  Missouri  is  among  the  number,  but 
the  present  section  is  unenforceable  and  conflicts  with  the  intent 
if  not  with  the  exact  provisions  of  the  child  labor  law. 

The  Commission  recommends  prohibiting  the  employment 
of  any  child  under  16  years  of  age  in  any  mine  or  underground 
work,  in  operating  any  and  every  kind  of  power  machinery,  and 
prohibiting  children  under  16  years  in  theatrical  performances 
unless  they  have  obtained  a  certificate  from  the  state  factory 
inspector. 

Bills  for  the  above  recommendations  on  page  177. 

RECOMMENDATIONS  ENDORTED  BY  THE  COMMIS¬ 
SION  NOT  INCLUDED  IN  THE  CODE. 

EMPLOYMEMT  of  children. 

No  effort  is  made  at  present  in  the  state  to  obtain  employ¬ 
ment  of  children  between  14  and  16  years  of  age.  The  United 


46] 


Children's  Code  Commission. 


65 


States  Employment  Service  (women  and  girls’  division),  through 
Missouri  offices,  assists  girls  16  years  of  age  and  over  in  finding 
suitable  employment.  Two  states,  Massachusetts  and  New 
York,  have  legal  provisions  for  the  establishment  of  public  em¬ 
ployment  offices  for  children. 

The  Commission  recommends  that  the  Missouri  State  Free 
Employment  Bureau  organize  a  division  for  children  between  the 
ages  of  14  and  16  years. 


66 


Report  of  the  Missouri 


[46 


CHAPTER  VIII. 


LAWS  RELATING  TO  EDUCATION  AND  THE  COM¬ 
PULSORY  SCHOOL  ATTENDANCE  LAW. 

The  present  compulsory  school  attendance  law  applying  to 
the  state  is  defective  chiefly  because  it  requires  attendance  at 
school  only  three-quarters  of  the  school  year.  The  law  applying 
to  the  city  of  St.  Louis  requires  attendance  the  full  term.  There 
is  no  good  reason  why  country  children  should  not  attend  school 
for  the  same  period  as  those  in  the  cities.  According  to  the  1917 
report  of  the  State  Superintendent  of  Public  Schools,  the  total 
number  of  days’  attendance  at  schools  in  the  cities  of  Missouri 
was  double  that  at  the  schools  in  the  rural  districts.  Twice  as 
many  children  completed  the  common  school  course  in  the  cities 
as  in  the  country. 

The  short  time  requirement  for  rural  districts  makes  enforce¬ 
ment  of  the  compulsory  school  attendance  law  practically  im¬ 
possible.  It  is  difficult  to  say  which  quarter  a  child  elects  not  to 
attend  school.  Excuses  can  always  be  offered,  when  the  child 
is  out  of  school,  that  this  is  the  quarter  he  is  not  attending. 
Educational  authorities  all  agree  that  the  compulsory  attendance 
act  for  the  state  ought  to  be  made  to  cover  the  entire  school  term. 

The  present  act  also  permits  children  to  be  exempted  from 
school  attendance  because  of  poverty  of  their  parents.  Exemp¬ 
tion  because  of  the  poverty  of  the  family  is  entirely  without 
foundation  in  principle  or  expediency.  Children  are  entitled 
to  an  education  whether  their  parents  are  poor  or  rich.  If  the 
parents  cannot  afford  to  send  them  to  school  the  state  should  help 
the  parents.  This  can  be  done  at  the  present  time  through  the 
state-wide  mother’s  pension  act  enacted  as  a  part  of  the  Chil¬ 
dren’s  Code  at  the  last  session  of  the  legislature.  Allowances 
are  granted  in  the  counties  to  mothers  with  dependent  children 
under  the  school  age,  16  years. 

Parents  under  the  present  law  are  given  ten  days  in  which 
to  return  truant  children  to  school.  This,  it  is  believed,  is  too 
long  after  notification.  Three  days  is  a  reasonable  period. 


461 


Children's  Code  Commission. 


67 


RECOMMENDATIONS  OF  THE  COMMISSION. 

The  Commission  recommends  a  number  of  amendments  to 
the  compulsory  attendance  law,  many  of  which  are  closely  re¬ 
lated  to  the  child  labor  regulations: 

(1)  Raising  the  compulsory  attendance  age  to  16,  unless 
the  child  has  completed  the  eighth  grade. 

(2)  Requiring  attendance  for  the  full  school  term  through¬ 
out  the  state. 

(3)  Children  between  14  and  16  years,  not  actually  en¬ 
gaged  for  at  least  6  hours  a  day  in  some  useful  employment, 
must  attend  school. 

(4)  Prohibiting  exemption  from  school  attendance  be¬ 
cause  of  poverty  of  parents. 

(5)  Requiring  parents  to  return  truant  children  to  school 
within  three  days  after  notification. 

Bills  for  the  above  recommendations  on  page  181. 

6.  Compulsory  School  Attendance  at  Continuation  Schools. 

Part-time  or  continuation-school  classes  are  those  in  which 
pupils  who  have  already  become  wage-earners  may  give  part  of 
their  time  to  scohols  for  the  purpose  of  continuing  their  education 
or  increasing  their  efficiency  in  the  occupations  in  which  they  are 
engaged  or  which  they  would  like  to  follow.  Training  in  in¬ 
dustry,  agriculture  and  home  economics  is  given. 

Under  the  Smith-Hughes  Act,  which  was  signed  by  President 
Wilson  in  February,  1917,  the  Federal  Government  will  grant 
aid  to  the  states  for  the  development  of  these  schools  or  classes. 

Missouri  was  the  first  state  to  take  advantage  of  the  Smith- 
Hughes  Act.  The  last  legislature  passed  an  act  enabling  each 
school  district  in  the  state  to  set  aside  a  fund  for  this  purpose  to 
which  will  be  added  an  equal  amount  from  the  Federal  Govern¬ 
ment  when  prescribed  conditions  are  met. 

These  classes  will  not  be  successful  unless  the  compulsory 
school  attendance  law  is  made  to  cover  them.  The  Commission 
recommends  necessary  changes  in  the  law  to  require  attendance 
of  working  children  between  14  and  16  years  at  continuation 
classes  not  less  than  eight  hours  a  week  between  the  hours  of 
eight  in  the  morning  and  five  in  the  evening,  and  to  require  all 


68 


Report  of  the  Missouri 


[46 


working  children  under  18  who  have  not  yet  completed  the 
elementary  school  to  attend  for  the  same  length  of  time. 

Bill  for  the  above  recommendation  on  page  181. 

7.  Compulsory  Attendance  at  Special  Classes  for  De¬ 

fective  Children. 

In  another  section  of  the  report  the  Commission  recom¬ 
mends  the  establishment  of  special  classes  in  public  schools  for 
feeble-minded,  deaf,  blind  and  crippled  children.  Discussion  of 
these  recommendations  is  on  page - . 

In  order  to  make  these  classes  successful  a  change  is  neces¬ 
sary  in  the  compulsory  school  attendance  law  so  as  to  cover 
feeble-minded,  deaf,  blind  and  crippled  children  where  special 
classes  have  been  provided  for  their  training.  Where  these  classes 
are  not  provided  the  State  Board  of  Charities  is  given  power  to 
place  defective  children  in  need  of  training  in  a  school  district 
where  special  classes  are  established.  If  the  parents  are  unable 
to  bear  the  expense,  it  is  charged  to  the  county  in  which  the 
children  live. 

Bill  for  the  above  recommendation  on  page  181. 

8.  State  Superintendent  of  Schools  Shall  Supervise 

Work  of  Instruction  in  Certain  State  Institutions. 

For  the  purpose  of  obtaining  a  closer  co-ordination  of  edu¬ 
cational  instruction  in  the  state  institutions  for  defectives  and 
delinquents,  the  supervision  of  the  work  of  instruction  in  the 
Missouri  School  for  the  Deaf  at  Fulton,  Missouri  School  for  the 
Blind  at  St.  Louis,  the  Colony  for  the  Feeble-minded  and  Epi¬ 
leptic  at  Marshall,  Missouri  Reformatory  and  Training  School 
for  Boys  at  Boonville,  Industrial  Home  for  Girls  at  Chillicothe 
and  Industrial  Home  for  Negro  Girls  at  Tipton  should  be  vested 
in  the  state  superintendent  of  schools.  This  the  Commission 
has  done  by  an  amendment  to  the  law  relating  to  the  duties 
of  the  state  superintendent  of  schools.  The  provision  requires 
that  the  state  superintendent  of  schools  shall  visit  these  insti¬ 
tutions,  inspect  the  work  of  instruction,  designate  the  courses  of 
study  and  necessary  equipment  and  grant  certificates  of  quali¬ 
fication  to  teachers  in  these  institutions  the  same  as  teachers 
in  the  public  schools. 

Bill  for  the  above  recommendations  on  page  185. 


461 


Children's  Code  Commission . 


69 


MEASURES  ENDORSED  BY  THE  COMMISSION  NOT 
INCLUDED  IN  THE  CODE. 

VOCATIONAL  GUIDANCE. 

In  normal  times  in  Missouri  about  15,000  industrially  un¬ 
trained  children  leave  school  and  go  to  work  at  14  years  of  age. 
During  and  after  the  war  this  number  will  be  greatly  increased. 
Except  in  large  cities,  no  effort  whatever  is  made  by  the  school 
authorities  to  get  these  young  people  into  occupations  for  which 
they  are  fitted.  Boys  and  girls  drift  into  all  kinds  of  “blind 
alley”  work  because  neither  they  nor  their  parents  know  the 
opportunities  for  work  ahead  of  them.  Systems  of  vocational 
guidance  in  public  schools  have  recently  been  started  in  St.  Louis 
and  Kansas  City.  In  St.  Louis  this  work  in  the  elementary 
grades  is  called  “vocational  information.”  The  children  are 
taken  to  various  industrial  and  commercial  establishments  and 
public  institutions  after  which  discussions  are  held  in  the  class¬ 
rooms.  The  Commission  urges  similar  efforts  in  every  school 
district  in  the  state. 


70 


Report  of  the  Missouri 


140 


CHAPTER  IX. 


LAWS  RELATING  TO  HEALTH  AND  RECREATION. 

Both  state  and  county  health  work  in  Missouri  is  feeble  be¬ 
cause  of  inadequate  organization  of  the  agencies  and  lack  of 
financial  support. 

The  activities  of  the  state  agencies  are  directed  chiefly  to 
the  licensing  of  physicians  and  registration  of  births,  deaths  and 
diseases  and  to  the  enforcement  of  the  pure  food,  pure  milk  and 
drug  laws.  The  vital  statistics  law  is  practically  the  model  law 
advocated  by  the  United  States  Public  Health  Service  but  the 
weakness  of  the  health  agencies  limits  its  enforcement. 

Midwives  are  now  required  to  obtain  licenses  from  the  State 
Board  of  Health  but  there  is  no  supervision  over  their  practice. 
They  are  for  the  most  part  women  with  little  training,  some  of 
them  unscrupulous  and  need  to  be  constantly  checked  up  to  in¬ 
sure  anything  like  competency  in  handling  the  extremely  delicate 
cases  with  which  they  deal.  Hundreds  of  babies  lose  their  sight 
because  of  midwives’  failure  to  adopt  aseptic  methods  at  child¬ 
birth. 

The  state  has  made  no  effort  whatever  to  guard  the  health  of 
children  during  their  school  years.  In  the  large  cities  of  Missouri 
physical  inspection  has  been  developed  in  the  schools.  This  has 
had  little  or  no  consideration  in  the  counties.  Nine  states  in  the 
Union  have  enacted  laws  for  systematic  "examination  of  the 
health  of  school  children. 

Health  work  in  the  counties  is  under  the  supervision  of  an 
ex-officio  board  of  health,  with  a  health  officer,  paid  in  some 
counties  on  a  per  diem  or  fee  system.  The  work  is  very  irregular 
and  ineffective  and  in  some  counties  health  boards  have  not 
been  organized. 

The  sanitary  condition  of  the  average  rural  school  house  is 
poor.  Standards  of  sewerage,  ventilation,  heating,  lighting  and 
cleanliness  of  schools  in  the  rural  districts  are  lacking.  The 
water  supply  in  many  places  is  unfit  for  drinking  purposes.  A 
recent  investigation  of  the  rural  schools  in  Saline  County  showed 
that  only  49  %  of  the  wells  were  safe.  Only  7  %  of  the  schools  were 
adequately  lighted. 


46] 


Children's  Code  Commission. 


71 


Investigation  has  shown  that  the  death  rate  among  infants 
in  the  country  districts  is  very  much  higher  than  in  the  cities; 
mothers  in  the  country  districts  have  no  opportunity  what¬ 
ever  to  learn  even  the  simplest  things  about  the  care  of  the  baby. 

Municipal  health  work  in  the  larger  cities  is  for  the  most 
part  well  organized  and  effective. 


RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  Creation  of  a  Division  of  Child  Hygiene. 

The  importance  of  saving  lives  of  babies  has  been  emphasized 
since  the  war,  and  determined  efforts  everywhere  are  being 
made  in  order  that  the  next  generation  may  be  strong  in  body 
and  able  to  meet  the  task  that  will  confront  it.  England  during 
the  second  year  of  the  war  reduced  her  infant  mortality  rate  to 
the  lowest  in  her  history.  In  the  United  States,  in  the  second 
year  of  our  entry  in  the  conflict,  the  Federal  Children’s  Bureau, 
and  the  Child  Welfare  Department  of  the  Woman’s  Committee 
of  the  Council  of  National  Defense  undertook  a  nation-wide 
campaign  to  save  the  lives  of  100,000  babies. 

With  the  limited  powers  at  present  given  the  State  Board 
of  Health  in  Missouri,  activities  for  the  protection  of  the  health 
of  infants  and  children  are  neglected.  Prob  bly  no  one  feature 
of  child  life  in  the  state  needs  regulation  and  supervision  more 
than  the  health  of  infants  and  children  in  the  rural  communities. 

Four  states — Kansas,  New  Jersey,  New  York  and  Ohio— 
have  distinct  divisions  in  the  state  departments  of  health  dealing 
with  problems  of  infant  and  child  hygiene.  In  44  states,  the 
boards  or  departments  of  health  are  doing  educational  work  in' 
this  field  by  means  of  pamphlets,  leaflets,  lantern  slides,  and 
newspaper  articles.  Twenty-two  cities  have  distinct  divisions 
of  child  hygiene  as  branches  of  city  health  departments.  Of  the 
eight  largest  cities  in  the  United  States,  only  two — St.  Louis 
and  Baltimore — have  failed  to  create  a  division  specializing  in 
this  work. 

The  Commission  recommends  the  creation  of  a  division  of 
child  hygiene  in  the  State  Board  of  Health  to  regulate  conditions 
affecting  the  health  of  children  throughout  the  state.  Its  acti¬ 
vities  will  include: 

(1)  Study  of  the  causes  of  infant  mortality. 

(2)  The  prevention  and  control  of  diseases  of  infancy  and 
childhood. 


72 


Report  of  the  Missouri 


46J 


(3)  Educational  campaigns  for  the  care  of  babies  and  the 
hygiene  of  children. 

(4)  'Regulation  and  supervision  of  the  practice  of  mid¬ 
wifery  in  the  state. 

(5)  Sanitary  supervision  of  rural  school  buildings. 

(6)  State-wide  physical  inspection  of  school  children. 

Bill  for  the  above  recommendations  on  page  189. 

2.  Treatment  of  Eyes  of  New-born  Infants. 

The  present  law  relating  to  treatment  of  eyes  of  new-born 
infants  is  ineffective  and  unenforceable.  It  does  not  require  the 
physician  or  midwife  to  report  cases  of  sore  eyes  to  the  board  of 
health,  nor  does  it  require  preventive  treatment  of  infants’ 

eyes. 

Authorities  state  that  10%  of  all  blindness  is  due  to  babies’ 
sore  eyes  and  that  prompt  and  efficient  treatment  of  the  eyes  of 
infants  at  birth  could  prevent  this  amount  of  misfortune.  It 
was  estimated  in  1917  that  Missouri’s  blind  population  was  2,543, 
of  which  5%  are  children  under  twenty  years  of  age. 

Thirty-six  states  have  laws  or  regulations  requiring  the 
reporting  of  babies’  sore  eyes  by  the  physician,  midwife,  nurse  or 
person  in  charge  at  the  time  of  birth.  Fifteen  states  require  the 
physician  or  midwife  to  use  a  prophylactic  solution. 

Amendments  to  the  present  law  recommended  by  the  Com¬ 
mission  are  endorsed  by  the  Committee  on  Prevention  of  Blind¬ 
ness  of  the  Missouri  Commission  for  the  Blind,  a  state  body 
appointed  by  the  Governor  to  investigate  and  make  recommenda¬ 
tions  for  the  care  of  the  blind  and  prevention  and  cure  of  blind¬ 
ness. 

Bill  for  the  above  recommendation  on  page  190. 

RECREATION. 

Organized  recreation  for  children  in  Missouri  must  be  de¬ 
veloped  by  and  within  each  community.  Very  little  new  legisla¬ 
tion  is  needed.  The  legislature  recently  passed  an  act  permitting 
school  buildings  to  be  used  for  social  and  recreational  purposes. 
Granting  the  use  of  the  building,  however,  is  optional  with  the 
school  authorities.  The  law  is  not  state-wide  in  application 
applying  only  to  places  of  less  than  75,000  population.  Under 
this  provision  a  number  of  successful  centers  have  been  organized 


46] 


Children's  Code  Commission. 


73 


in  the  state,  notably  in  Nodaway,  rural  Jackson,  and  Howard 
Counties. 

The  legislature  of  1913  passed  a  law  authorizing  the  edu¬ 
cational  authorities  in  every  school  district  in  the  state  to 
establish  and  maintain  public  parks,  playgrounds  and  libraries. 
Only  such  funds  as  are  not  needed  for  the  maintenance  of  the 
schools  may  be  appropriated  for  this  purpose.  This  means  that 
in  most  districts  funds  are  not  available. 

RECOMMENDATIONS  OF  THE  COMMISSION. 

1.  State-wide  Use  of  School  Buildings  for  Community 
Purposes. 

The  importance  of  maintaining  and  developing  recreation 
during  the  war,  if  we  wish  to  avoid  the  increase  of  juvenile  delin¬ 
quency  experienced  by  warring  countries  abroad,  is  emphasized 
by  the  Federal  Children’s  Bureau  in  its  program  for  Children’s 
Year,  England,  during  the  war,  has  allowed  government  aid  for 
the  support  of  children’s  play  centers.  In  1916,  six  states — 
Louisiana,  Rhode  Island,  New  York,  New  Jersey,  Massachusetts 
and  Maryland — enacted  legislation  authorizing  wider  use  of 
school  buildings  and  playgrounds  for  recreational  purposes.  In 
Oregon,  the  state  superintendent  of  instruction  issues  a  recreation 
manual  and  is  stimulating  playgrounds  and  supervised  play  in 
numerous  ways.  In  Minnesota,  and  North  Dakota  the  agri¬ 
cultural  colleges  send  out  road-plays,  creating  little  country 
theatres.  It  is  the  common  experience  that  where  recreation  is 
developed  the  drift  of  young  folks  to  the  city  is  lessened. 

The  Commission  recommends  that  the  law  permitting  the 
use  of  school  buildings  for  community  purposes  be  amended  to 
include  all  parts  of  the  state  and  to  require  the  school  authorities 
to  open  the  schools  upon  application  for  public  meetings  and 
community  purposes. 

MEASURES  ENDORSED  BY  THE  COMMISSION  NOT 
INCLUDED  IN  THE  CODE. 

SEPARATE  APPROPRIATION  FOR  HE  ESTABLISHMENT  OF  PARKS 

AND  PLAYGROUNDS. 

The  Commission  recommends  that  separate  and  definite 
appropriations  be  made  for  parks  and  playgrounds  in  the  school 
districts  of  the  state. 


74 


Report  of  the  Missouri 


[46 


STATE  CENSORSHIP  OF  MOVING  PICTURES. 

State  censorship  of  films  is  part  of  a  national  movement  to 
obtain  an  efficient  national  governmental  censorship.  At  the 
present  time  four  states  have  censorship  laws — Kansas,  Ohio, 
Pennsylvania  and  Maryland.  Hundreds  of  pictures  which  are 
refused  in  these  states  are  sent  across  the  line  for  Missouri 
children. 

The  Commission  desires  to  express  its  approval  of  state 
censorship  of  moving  pictures,  but  does  not  submit  a  draft  for 
the  creation  of  a  state  board  of  reviews,  as  other  bodies  are  in¬ 
troducing  such  legislation  in  the  next  Assembly. 


r* 


PART  II 


DRAFTS  OF  BILLS  TO  BE  SUBMITTED  TO 
THE  50TH  GENERAL  ASSEMBLY  OF 
MISSOURI  JANUARY,  1919 


(75) 


46] 


Children's  Code  Commission. 


77 


STATEMENT. 


The  following  drafts  embody  all  the  recommendations  of 
the  Commission,  including  new  acts  and  the  revision  or  repeal 
of  present  statutes.  All  new  acts  or  parts  of  acts  are  printed  in 
black-face  type.  Wherever  any  change  has  been  made  in  a  sec¬ 
tion  of  an  existing  statute  the  change  has  been  printed  also  in 
black-face  type. 

References  to  the  discussion  of  the  proposed  laws  will  be 
found  after  the  heading  of  the  acts,  which  are  identical  in  each 
case  with  the  headings  in  the  report. 

The  Commission  regards  it  as  unnecessary  to  print  all  pres¬ 
ent  statutes  relating  to  children,  showing  at  the  same  time  the 
suggested  changes.  We  believe  that  the  discussion  in  the  re¬ 
port,  together  with  the  drafts  of  new  laws,  revisions  and  repeal 
acts  are  all  that  it  is  useful  to  print  for  general  distribution. 

We  realize  that  this  does  not  actually  put  into  our  report 
a  complete  code,  as  such.  For  those  who  desire  to  have  the 
legal  references  to  all  statutory  and  constitutional  provisions 
relating  to  children,  classified  in  code  form,  we  are  printing  a 
separate  pamphlet  which  may  be  obtained  by  addressing  the 
executive  secretary  of  the  Commission,  Washington  Hotel,  St. 
Louis.  This  pamphlet  gives  annotated  references  to  all  present 
statutes,  showing  which  are  recommended  for  revision  or  repeal. 

For  convenience,  the  assembled  drafts  of  new  acts  and  pres¬ 
ent  statutes  which  are  recommended  for  repeal  or  revision  are 
termed  the  “Children’s  Code.”  This,  of  course,  is  not  an  exact 
use  of  the  term,  but  it  indicates  collectively  those  changes  which 
are  needed  to  make  all  of  our  statutes  relating  to  children  a  com¬ 
plete  and  harmonious  code. 

Many  of  the  acts  proposed  in  the  code  are  interdependent. 
The  successful  carrying  out  of  these  measures  depends  partic¬ 
ularly  upon  the  passage  of  the  proposed  bill  providing  for  the 
appointment  of  county  superintendents  of  public  welfare.  The 
county  superintendent  of  public  welfare,  appointed  by  the 
county  court,  will  have  charge  of  the  administration  in  the  county 
of  practically  all  of  the  measures  which  the  Commission  recom¬ 
mends.  Failure  to  pass  this  bill  will  nullify  all  of  the  laws  which 
must  be  administered  by  a  local  agent  in  each  county. 


78 


Report  of  the  Missouri 


[4b 


EXPENDITURES  REQUIRED  TO  MAKE  EFFECTIVE  THE 
RECOMMENDATIONS  OF  THE  COMMISSION. 

The  Commission  has  included  few  bills  which  require  directly 
an  appropriation  of  money  from  the  state  treasury. 

A  number  of  bills,  however,  will  require  an  appropriation 
of  money  by  the  state,  counties  or  cities  for  their  successful  op¬ 
eration.  These  bills  are: 

Expenditures  by  the  State : 

1.  The  enlargement  of  the  Colony  for  the  Feeble-minded 
at  Marshall  requiring  any  amount  which  the  Legislature  sees  fit 
to  include  in  the  appropriation -bill.  Several  hundred  thousand 
dollars  are  really  necessary  to  make  adequate  provision  for  the 
state  care  of  the  feeble-minded. 

2.  The  establishment  of  a  Bureau  for  Mental  Defectives 
in  the  University  of  Missouri.  For  this  purpose  the  sum  of 
$10,000  a  year  should  be  appropriated. 

3.  For  a  Division  of  Child  Hygiene,  under  the  State  Board 
of  Health,  the  sum  of  $5,000  to  $10,000  a  year  should  be  appro¬ 
priated. 

4.  For  the  establishment  of  special  classes  in  the  public 
schools  for  the  feeble-minded,  deaf,  blind  and  crippled  children. 
A  state  appropriation  of  $300  is  granted  annually  for  each 
of  these  classes  established  in  a  district. 

5.  For  the  establishment  of  a  State  Home  for  Dependent 
Children  an  appropriation  of  $30,000  is  needed. 

Expenditures  by  Counties : 

1.  The  appointment  of  a  county  superintendent  of  public 
welfare  is  optional  with  the  county  court.  The  successful  ad¬ 
ministration  of  children’s  laws  will  call  for  the  expenditure  of 
some  money.  This  is  left  entirely  with  the  counties  to  deter¬ 
mine.  (For  further  discussion  see  page  0.) 

Expenditures  by  School  Districts : 

The  only  expenditure  required  is  that  of  providing  separate 
classes  for  defective  children  when  there  are  ten  or  more  such 
children  in  the  school  district.  This  expenditure  will  be  com¬ 
paratively  light,  and  will  be  supplemented  by  the  state  appro¬ 
priation  of  $300  for  each  class. 


46] 


Children  s  Code  Commission. 


79 


Expenditures  by  Cities: 

The  creation  of  Boards  of  Social  Welfare  in  such  cities  as 
desire  to  have  them  is  entirely  optional  and  will  cost  only  such 
sums  as  the  cities  vote. 


GENERAL  LAWS  FOR  THE  PROTECTION 
OF  CHILDREN. 


Discussion  of  these  recommendations  appears 
in  Chapter  I,  page  20. 


81) 


6 


46] 


Children  s  Code  Commission. 


83 


CHAPTER  I. 


GENERAL  LAWS  FOR  THE  PROTECTION  OF 
CHILDREN. 

1.  RELATING  TO  ABANDONMENT  OF  CHILDREN. 

2.  RELATING  TO  DESERTION  OF  WIFE  AND  CHILD. 

3.  RAISING  THE  AGE  OF  CONSENT. 

4.  a.  RELATING  TO  THE  CARE  AND  SUPPORT  OF 

CHILDREN  BORN  OUT  OF  WEDLOCK. 

b.  RELATING  TO  THE  CARE  AND  SUPPORT  OF 

CHILDREN  BORN  OUT  OF  WEDLOCK. 

c.  RELATING  TO  THE  CARE  AND  SUPPORT  OF 

CHILDREN  BORN  OUT  OF  WEDLOCK. 

d.  RELATING  TO  THE  CARE  AND  SUPPORT  OF 

CHILDREN  BORN  OUT  OF  WEDLOCK. 

5.  'PROTECTING  THE  INFANT  BEFORE  AND  AFTER 

BIRTH. 

6.  RECOVERY  FOR  PRENATAL  INJURY. 

7.  a.  AGE  OF  MAJORITY  OF  GIRLS. 

b.  AGE  OF  MAJORITY  OF  GIRLS. 

c.  AGE  OF  MAJORITY  OF  GIRLS. 

I. 

RELATING  TO  ABANDONMENT  OF  CHILDREN. 
(Page  21,  Section  1.) 

An  act  to  amend  Article  4  of  Chapter  36  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  by  amending  Section  4490 
of  said  Article  by  adding  the  following  words  at  the  end  of  said 
section :  “this  section  shall  apply  without  regard  to  whether  the 
child  was  born  in  lawful  wedlock,”  and  by  adding  three  new  sec¬ 
tions  to  said  Article ,  to  be  known  as  Sections  4490-a,  4490-5  and 
4490-c. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section.  1.  That  Article  4  of  Chapter  36  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  be,  and  the  same  is  hereby 
amended  as  follows: 


84  Report  of  the  Missouri  [46 

Section  2.  That  Section  4490  of  said  Revised  Statutes  be 
and  the  same  is  hereby  amended  by  adding  at  the  end  of  said  sec¬ 
tion  the  following  words ,  “this  section  shall  apply  without  regard 
to  whether  the  child  was  born  in  lawful  wedlock,”  so  that  the 
section  as  amended  shall  read  as  follows: 

Section  4490.  ABANDONMENT  OF  CHILDREN.  —  If 
any  father  or  mother  of  any  child  under  the  age  of  six  years,  or 
any  other  person  to  whom  such  child  shall  have  been  confided, 
shall  expose  such  child  in  a  street,  field,  or  other  place,  with  in¬ 
tent  wholly  to  abandon  it,  he  or  she  shall,  upon  conviction,  be 
punished  by  imprisonment  in  the  penitentiary  not  exceeding 
five  years  or  in  the  county  jail  not  less  than  six  months.  This 
section  shall  apply  without  regard  to  whether  the  child  was  born 
in  lawful  wedlock. 

Section  3.  That  three  new  sections  be  added  to  said  Article 
4  of  Chapter  36  to  be  known  as  Sections  4490-cc,  4490-6  and  4490-c, 
as  follows: 

Section  4490-a.  RIGHT  TO  TRIAL  BY  JURY.— In  trials 
under  Section  4490  the  persons  proceeded  against  shall  have 
right  to  trial  by  jury,  which  shall  be  granted  unless  waived. 

Section  4490-b.  JURISDICTION.— The  Circuit  Courts  of 
the  several  counties  of  the  state,  acting  as  juvenile  courts,  shall 
have  exclusive  jurisdiction  of  all  cases  coming  within  the  pro¬ 
visions  of  Section  4490. 

Section  4490-c.  LIBERAL  CONSTRUCTION.  —Section 
4490  shall  be  liberally  construed  in  favor  of  the  state,  for  the 
purpose  of  the  protection  of  the  persons  therein  named  from 
neglect  or  omission  of  duty  toward  them  by  any  person  or  per¬ 
sons,  and,  further,  to  protect  the  children  therein  named  from 
the  effects  of  the  improper  conduct  or  acts  of  any  persons  which 
may  cause,  encourage  or  contribute  to  the  neglect  or  delin¬ 
quency  of  such  children,  although  such  person  may  be  in  no 
way  related  to  such  children. 

Section  3.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 


II. 

RELATING  TO  DESERTION  OF  WIFE  AND  CHILD. 
(Page  21,  Section  2.) 

An  act  to  amend  Article  4,  Chapter  36  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  by  repealing  Sections  4492 


461 


Children's  Code  Commission. 


85 


and  4495  of  said  article  and  enacting  new  sections  in  lieu  thereof 
to  be  known  as  Sections  4492  and  4495;  and  by  adding  new  sec¬ 
tions  to  said  Article  4,  Chapter  36,  to  be  known  as  Sections  4495-tf, 
4495-Z>,  4495-c  and  4495 -d. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  4  of  Chapter  36  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  be  and  the  same  is  hereby 
amended  as  follows : 

Section  2.  That  Sections  4492  and  4495  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  are  hereby  repealed ,  and  new 
sections  enacted  in  lieu  thereof ,  to  be  known  as  Sections  4492  and 
4495  as  follows: 

Section  4492.  MISTREATMENT  OF  CHILD.— If  any 
mother  or  any  father  of  any  infant  child  under  the  age  of  ma¬ 
jority,  whether  such  child  was  born  in  lawful  wedlock  or  not,  or 
any  person  who  has  adopted  any  such  infant  child  or  any  other 
person  having  the  legal  care  and  control  of  any  such  infant  shall 
unlawfully  and  purposely  assault,  batter  or  injure  such  infant, 
whereby  his  life  shall  be  endangered  or  his  person  or  health 
shall  have  been  or  shall  be  likely  to  be  injured,  the  person  so 
offending  shall,  upon  conviction,  be  punished  by  imprisonment 
in  the  penitentiary  not  exceeding  three  years  or  by  imprison¬ 
ment  in  the  county  jail  not  exceeding  one  year,  or  by  fine  not 
exceeding  one  thousand  dollars  ($1,000),  or  by  both  such  fine 
and  imprisonment. 

Section  4495.  ABANDONMENT  OF  WIFE  AND  CHILD. 
If  any  man  shall,  without  good  cause,  abandon  or  desert  his 
wife,  or  a  woman  with  child  by  him,  or  shall  fail,  neglect  or  re¬ 
fuse  to  maintain  and  provide  for  such  wife  or  woman;  or  if  any 
man  or  woman  shall,  without  good  cause,  abandon  or  desert 
or  shall  fail,  neglect  or  refuse  to  maintain  and  provide  for  his 
or  her  child  or  children,  born  in  or  out  of  wedlock,  under  the  age 
of  sixteen  years,  he  or  she  shall,  upon  conviction,  be  punished 
by  imprisonment  in  the  county  jail  not  more  than  one  year,  or 
by  fine  of  not  less  than  fifty  (50)  nor  more  than  one  thousand 
(1,000)  dollars,  or  by  both  such  fine  and  imprisonment.  No 
other  evidence  shall  be  required  that  such  man  was  married 
to  such  wife  than  would  be  necessary  to  prove  such  fact  in  a 
civil  action. 


86 


Report  of  the  Missouri 


[46 


Section  3.  That  four  new  sections  are  hereby  enacted  to  be 
known  as  Sections  4495 -a,  4495 -b,  4495-c  and  4495-cf,  as  follows: 

Section  4495-a.  EXTRADITION  OF  PERSONS  GUILTY 
OF  WIFE  OR  CHILD  ABANDONMENT.— It  shall  be  the 
duty  of  the  county  court  in  any  county  and  of  the  Social  Welfare 
Board  of  the  City  of  St.  Joseph  and  the  Board  of  Children’s 
Guardians  in  the  City  of  St.  Louis  in  any  case  in  which  appli¬ 
cation  is  properly  made  by  the  officers  responsible  for  the  ex¬ 
ecution  of  the  law,  to  provide  the  funds  necessary  for  extra¬ 
diting  any  person  charged  with  violating  the  provisions  of 
the  foregoing  section. 

Section  4495-b.  TRIAL  BY  JURY. — In  trials  under  Sec¬ 
tions  4492  and  4495,  the  persons  proceeded  against  shall  have 
the  right  to  trial  by  jury,  which  shall  be  granted  unless  waived. 

Section  4495-c.  JURISDICTION. — The  circuit  courts  of 
the  several  counties  of  the  state,  acting  as  juvenile  courts,  shall 
have  the  exclusive  jurisdiction  of  all  cases  coming  within  the 
provisions  of  Sections  4492  and  4495. 

Section  4495-d.  LIBERAL  CONSTRUCTION.— Sections 
4492  and  4495  shall  be  liberally  construed  in  favor  of  the  state, 
for  the  purpose  of  the  protection  of  the  persons  therein  named 
from  neglect  or  omission  by  duty  toward  them  by  any  person 
or  persons,  and,  further,  to  protect  the  children  therein  named 
from  the  effects  of  the  improper  conduct  or  acts  of  any  persons 
which  may  cause,  encourage  or  contribute  to  the  neglect  or  de¬ 
linquency  of  such  children,  although  such  person  is  in  no  way 
related  to  such  children. 

Section  4.  All  acts  or  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

III. 

RAISING  THE  AGE  OF  CONSENT. 

(Page  22,  Section  3.) 

An  act  to  amend  Section  4471  of  Article  4,  Chapter  36,  Re¬ 
vised  Statutes  of  Missouri ,  1909,  as  amended  in  1913,  by  striking 
out  in  lines  three  and  four  thereof  the  word  “ fifteen ”  and  inserting 
in  lieu  thereof  the  word  “sixteen,”  and  to  amend  Section  4472,  by 
striking  out  in  line  three  thereof  the  word  “ fifteen ”  and  inserting  in 
lieu  thereof  the  word  “sixteen.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Sections  4471  and  4472  of  Article  4,  Chap- 


461 


Children's  Code  Commission. 


87 


ter  36,  Revised  Statutes  of  Missouri ,  1909,  be  and  the  same  are 
hereby  amended  by  striking  out  in  lines  three  and  four  of  Section 
4471  the  word  “ fifteen 99  and  inserting  in  lieu  thereof  the  word  “six¬ 
teen”  and  striking  out  in  line  3  of  Section  4472  the  word  “ fifteen ” 
and  inserting  in  lieu  thereof  the  word  “sixteen”  so  that  said  sec¬ 
tions,  when  so  amended,  shall  read  as  follows : 

Section  4471.  RAPE — PUNISHMENT.  Every  person  who 
shall  be  convicted  of  rape,  either  by  carnally  and  unlawfully 
knowing  any  female  child  under  the  age  of  sixteen  years,  or  by 
forcibly  ravishing  any  woman  of  the  age  of  sixteen  years  or  up¬ 
ward,  shall  suffer  death,  or  be  punished  by  imprisonment  in  the 
penitentiary  for  not  less  then  five  years,  in  the  discretion  of  the 
jury. 

Section  4472.  CARNALLY  KNOWING  WOMAN  BE¬ 
TWEEN  SIXTEEN  AND  EIGHTEEN  YEARS.— If  any  person 
over  the  age  of  sixteen  years  shall  have  carnal  knowledge  of  any 
unmarried  female,  of  previously  chaste  character,  between  the 
age  of  sixteen  and  eighteen  years  of  age,  he  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  shall  be  punished  by  im¬ 
prisonment  in  the  penitentiary  for  a  term  of  two  (2)  years,  or 
by  a  fine  of  not  less  than  one  hundred  (100)  dollars  nor  more 
than  five  hundred  (500)  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  one  (1)  month  or  more  than  six  (6) 
months,  or  by  both  such  fine  and  imprisonment,  in  the  discre¬ 
tion  of  the  court. 

IV  (A). 

RELATING  TO  THE  CARE  AND  SUPPORT  OF  CHIL¬ 
DREN  BORN  OUT  OF  WEDLOCK. 

(Page  22,  Section  4.) 

An  act  to  determine  the  parentage  of  children,  and  the  liability 
of  parents  or  possible  parents  for  the  support  of  their  children,  with 
sections  to  be  known  as  Sections  1679  to  1685  of  Article  2  of  Chap¬ 
ter  20  of  the  Revised  Statutes  of  Missouri  of  1909. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1679.  EVERY  CHILD  THE  CHILD  OF  ITS  NAT¬ 
URAL  PARENTS. — Every  child  hereafter  born,  and  whether 
born  in  or  out  of  lawful  wedlock,  shall  be  deemed  in  law  the 
child  of  its  parents,  and  the  legal  relation  of  parent  and  child 


88 


Report  of  the  Missouri 


[46 


shall  not  depend  upon  the  parents  being  married;  provided  that 
if  a  child’s  mother  is  married  at  the  time  of  its  birth,  the  child 
shall  be  deemed  the  child  of  its  mother’s  husband  at  the  time 
of  its  birth  until  shown  by  a  preponderance  of  evidence  not  to 
be  the  child  of  her  husband. 

Section  1680.  SUIT  TO  DETERMINE  PARENTAGE— 
Any  interested  person  may  with  special  permission  of  the  judge 
institute  a  suit  in  the  juvenile  division  of  the  circuit  court  for 
the  purpose  of  determining  the  parentage  of  a  child;  such  suit 
shall  be  conducted  as  a  proceeding  in  chancery,  and  at  the  dis¬ 
cretion  of  the  court  the  hearing  shall  be  private,  in  the  presence 
of  interested  parties  only  and  the  record  and  proceedings  may 
be  withheld  from  the  public.  The  child  and,  if  its  mother  be 
alive,  the  mother,  shall  be  necessary  parties  to  such  proceed¬ 
ing  and  any  person  alleged  to  be  the  father  of  the  child  may  be 
made  a  party;  provided  that  no  such  proceeding  shall  be  allowed 
for  the  purpose  of  establishing  the  parenthood  of  a  person  de¬ 
ceased  at  the  time  of  the  filing  of  the  petition.  The  decree  of 
the  court  in  such  proceeding  shall  be  conclusive  evidence  of  the 
facts  found  by  the  court  relating  to  the  parentage  of  the  child, 
in  so  far  as  the  parties  to  the  proceeding  are  concerned.  Like 
process  and  proceedings  shall  be  had  in  such  causes  as  are  had 
in  other  civil  suits. 

Section  1681.  HUSBAND  OR  WIFE  MAY  TESTIFY  AS 
TO  SEXUAL  INTERCOURSE. — In  any  proceeding  to  estab¬ 
lish  the  parentage  of  a  child,  and  in  any  proceeding  in  which 
proof  of  parentage  may  be  material,  it  shall  be  competent  for  a 
husband  or  wife  to  testify  as  to  sexual  intercourse  with  his  or 
her  spouse  in  so  far  as  such  testimony  may  relate  to  the  ques¬ 
tion  of  parentage. 

Section  1682.  PARENTS  LIABLE  FOR  CHILD’S  SUP¬ 
PORT. — The  natural  parents  of  a  child  under  the  age  of  sixteen 
years  shall  be  responsible  for  its  support  without  regard  to 
whether  the  child  was  born  in  lawful  wedlock  and  without  re¬ 
gard  to  the  emancipation  of  the  child;  and  the  liability  for  the 
support  of  the  child  shall  not  be  dependent  on  the  custody  of 
the  child. 

Section  1683.  SUIT  TO  ENFORCE  DUTY  TO  SUPPORT 
CHILD. — Either  parent  or  any  interested  person  may  institute 
a  suit  in  the  juvenile  division  of  the  circuit  court  to  enforce  a  par¬ 
ent’s  liability  for  the  support  of  child  under  the  age  of  sixteen, 
and  such  suit  shall  be  conducted  as  a  proceeding  in  chancery 


46) 


Children  s  Code  Commission. 


89 


and  like  process  and  proceedings  shall  be  had  in  such  causes  as 
in  other  civil  suits.  The  court  may  order  the  defendant  to  pro¬ 
vide  such  maintenance  for  the  child  as  from  the  circumstances 
of  the  case  and  the  situation  of  the  child  and  its  parents  shall 
seem  reasonable,  and  the  court  may  determine  the  amount  of 
support  which  should  be  furnished  by  each  or  either  parent, 
having  regard  to  the  needs  of  the  child  and  the  ability  and  situ¬ 
ation  of  the  parent.  The  court  may  enter  judgment  against  the 
defendant  for  past  support  and  may  decree  future  maintenance 
and  may  order  the  defendant  to  give  security  for  such  mainte¬ 
nance  ;  and  upon  his  neglect  to  give  the  security  required  of  him, 
or  upon  default  of  himself  and  his  sureties,  if  there  be  any,  to 
provide  such  maintenance,  the  court  may  award  an  execution 
for  the  collection  thereof,  or  enforce  the  performance  of  the 
judgment  or  order  by  sequestration  of  property,  or  by  such  other 
lawful  ways  and  means  as  is  according  to  the  practice  of  the 
court.  The  court  may  from  time  to  time  make  such  alteration 
to  the  order  of  maintenance  as  may  seem  proper. 

Section  1684.  LIABILITY  OF  POSSIBLE  FATHER  FOR 
SUPPORT  OF  CHILD. — Where  it  is  impossible  to  establish 
the  paternity  of  a  child  because  of  its  mother  having  had  inter¬ 
course  with  several  men  during  the  period  in  which  the  child 
must  have  been  begotten,  each  man  who  had  intercourse  with 
the  child’s  mother  during  such  period  and  who  might  possibly 
have  begotten  the  child  shall  be  liable  for  the  support  of  the 
child  during  its  minority;  and  in  a  proceeding  in  the  juvenile 
division  of  the  circuit  court  brought  by  any  interested  person  to 
secure  the  child’s  support,  every  such  man  may  be  ordered  to 
contribute  to  the  support  of  the  child  during  its  minority  in  such 
measure  as  the  court  may  determine  in  consideration  of  the  cir¬ 
cumstances  of  the  case  and  the  needs  of  the  child,  and  the  pro¬ 
visions  of  the  preceding  section  as  to  enforcing  the  order  of 
the  court  shall  be  applicable. 

Section  1685.  INCONSISTENT  AND  CONFLICTING 
ACTS  REPEALED. — All  acts  and  parts  of  acts  inconsistent  or 
in  conflict  with  this  act  are  hereby  repealed. 

IV  (B). 

RELATING  TO  THE  CARE  AND  SUPPORT  OFCHILDREN 
BORN  OUT  OF  WEDLOCK. 

(Page  22,  Section  4.) 

An  act  to  amend  the  following  sections  of  the  Revised  Statutes 
of  Missouri ,  1909:  Sections  340  and  341,  concerning  inheritance 


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of  children  horn  out  of  lawful  wedlock;  and  Section  344,  concerning 
certain  slave  marriages. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  340  of  the  Revised  Statutes  of  Mis¬ 
souri,  1909,  be  and  the  same  is  hereby  repealed  and  there  is  sub¬ 
stituted  in  lieu  thereof  a  new  section  to  be  known  as  Section  340, 
as  follows: 

Section  340.  CHILDREN  BORN  OUT  OF  WEDLOCK 
SHALL  INHERIT  WHEN  AND  HOW.— A  child  heretofore 
born  out  of  wedlock  shall  be  capable  of  inheriting  and  transmit¬ 
ting  inheritance  from  its  mother,  and  such  mother  may  inherit 
from  such  child  in  like  manner  as  if  it  had  been  born  in  lawful 
wedlock.  A  child  hereafter  born  out  of  wedlock  shall  be  ca¬ 
pable  of  inheriting  and  transmitting  inheritance  from  both  of  its 
parents,  and  its  parents  and  other  blood  relatives  shall  be  ca¬ 
pable  of  inheriting  and  transmitting  inheritance  from  such  child 
in  like  manner  as  if  it  had  been  born  in  lawful  wedlock. 

Section  2.  That  Section  341  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be  and  the  same  is  hereby  repealed  and  there  is  en¬ 
acted  in  lieu  thereof ,  a  new  section  to  be  known  as  341,  as  follows: 

Section  341.  CHILDREN  BORN  OUT  OF  WEDLOCK 
DEEMED  LAWFUL  CHILDREN  WHEN.— If  a  man  having  a 
child  by  a  woman,  shall  hereafter  marry  such  woman,  such  child 
shall  be  deemed  the  lawful  child  of  both  father  and  mother  as 
from  the  time  of  its  birth. 

Section  3.  That  Section  344  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  be  and  the  same  is  hereby  repealed  and  there  is  en¬ 
acted  in  lieu  thereof  a  new  section,  to  be  known  as  Section  344,  as 
follows: 

Section  344.  ISSUE  OF  CERTAIN  SLAVE  MARRIAGES 
CONSIDERED  LAWFUL. — The  children  of  all  parents  who 
were  slaves,  and  were  living  together  in  good  faith  as  man  and 
wife  at  the  time  of  the  birth  of  said  children,  shall  be  deemed 
and  taken  to  be  the  lawful  children  of  such  parents,  and  all  of 
the  children  of  any  one  mother  who  was  a  slave  at  the  time  of 
their  birth,  shall  be  deemed  lawful  brothers  and  sisters. 

Section  4.  INCONSISTENT  AND  CONFLICTING  ACTS 
REPEALED. — All  acts  and  parts  of  acts  inconsistent  or  in  con¬ 
flict  with  this  act  are  hereby  repealed. 


46] 


Children  s  Code  Commission. 


91 


IV  (C). 

RELATING  TO  THE  CARE  AND  SUPPORT  OF  CHIL- 
'DREN  BORN  OUT  OF  WEDLOCK. 

(Page  22,  Section  4.) 

An  act  to  amend  Section  5  of  “An  Act  to  Give  Married  Women 
Equal  Rights  with  Their  Husbands  ”  etc.,  approved  March  20, 
1913,  as  it  appears  in  Laws  of  Missouri,  1913,  pp.  91,  94,  by 
omitting  the  words  “husband  and  wife ”  wherever  they  occur  there¬ 
in,  and  substituting  therefor  the  words  “father  and  mother,”  and 
also  adding  a  new  section  to  said  act,  to  be  known  as  Section  6a. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  the  act  entitled  “An  Act  to  Give  Married 
Women  Equal  Rights  with  Their  Husbands  to  the  Custody  and 
Control  of  the  Persons  of  Their  Minor  Children,  Their  Wages  and 
Earnings,  and  the  Management  of  Their  Estates ,”  etc.,  approved 
March  20,  1913,  as  it  appears  in  the  Laws  of  Missouri,  1913,  pp. 
91,  94,  be  and  the  same  is  hereby  amended  by  omitting  the  words 
“husband  and  wife ”  wherever  they  occur  in  said  section  and  sub¬ 
stituting  therefor  the  words  “father  and  mother,”  so  that  the  sec¬ 
tion  as  amended  shall  read  as  follows : 

Section  5.  SERVICES  AND  EARNINGS  OF  MINOR 
CHILDREN— CUSTODY  AND  CONTROL  OF.— The  father 
and  mother  living  apart  are  entitled  to  an  adjudication  of  the 
circuit  court  as  to  their  powers,  rights  and  duties  in  respect  to 
the  custody  and  control  and  the  services  and  earnings  and  of 
the  management  of  the  property  of  their  unmarried  minor  chil¬ 
dren  without  any  preference  as  between  the  said  father  and 
mother,  and  neither  the  father  nor  the  mother  has  any  right 
paramount  to  that  of  the  other  in  respect  to  the  custody  and 
control  or  of  the  services  and  earnings  or  of  the  management  of 
the  property  of  their  said  unmarried  minor  children,  any  provi¬ 
sion  of  law  whatever  written  or  unwritten,  to  the  contrary  in 
any  wise  notwithstanding;  and  pending  such  adjudication  the 
father  or  mother  who  actually  has  the  custody  and  control  of 
said  unmarried  minor  children  shall  have  the  sole  right  to  the 
custody  and  ^ontrol_and  to  the  services  and  earnings  and  to  the 
management^of  the  property  of  said  unmarried  minor  children. 

Section  2.  That  said  act  be  and  the  same  is  hereby  amended 


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by  the  addition  of  a  new  section  which  shall  be  known  as  Section 
6 a  and  which  shall  read  as  follows: 

Section  6-a.  The  terms  of  this  act  shall  apply  to  children 
born  out  of  wedlock  and  to  children  born  in  wedlock  and  the 
terms  “father,”  “mother,”  “parent,”  “child,”  shall  apply  with¬ 
out  reference  to  whether  a  child  was  born  in  lawful  wedlock. 

IV  (D). 

RELATING  TO  THE  CARE  AND  SUPPORT  OF  CHIL¬ 
DREN  BORN  OUT  OF  WEDLOCK. 

(Page  22,  Section  4.) 

An  act  to  amend  Section  6677  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  entitled  “What  a  Certificate  of  Birth  Shall  Con- 
tain ,”  by  omitting  certain  words  therein  and  substituting  other  words 
in  lieu  thereof. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  6677.  WHAT  A  CERTIFICATE  OF  BIRTH 
SHALL  CONTAIN.— The  certificate  of  birth  shall  contain  the 
following  items : 

1.  Place  of  birth,  including  state,  county,  township  or 
town,  village  or  city.  If  in  a  city,  the  ward,  street  and  house 
number;  if  in  a  hospital  or  other  institution,  the  name  of  the 
same  to  be  given  instead  of  the  street  or  house  number. 

2.  Full  name  of  child.  If  the  child  dies  without  a  name 
before  the  certificate  is  filed,  enter  the  words  “died  unnamed.” 
If  a  living  child  has  not  yet  been  named  at  the  date  of  filing  cer¬ 
tificate  of  birth,  the  space  for  “full  name  of  child”  is  to  be  left 
blank,  to  be  filled  out  subsequently  by  supplementary  report, 
as  hereinafter  provided. 

3.  Sex  of  child. 

4.  Whether  a  twin,  triplet  or  other  plural  birth.  A  sep¬ 
arate  certificate  shall  be  required  for  each  child  in  case  of  plural 
birth,  giving  number  of  child  in  order  of  birth. 

5.  Whether  born  in  lawful  wedlock  or  not. 

6.  Full  name  of  father. 

7.  Residence  of  father. 

8.  Color  or  race  of  father. 

9.  Birthplace  of  father;  city  or  town,  state  or  foreign 
country. 


46] 


Children's  Code  Commission. 


93 


10.  Age  of  father  at  last  birthday,  in  years. 

11.  Occupation  of  father. 

12.  Maiden  name  of  mother. 

13.  Residence  of  mother. 

14.  Color  or  race  of  mother. 

15.  Birthplace  of  mother;  city  or  town;  state  or  foreign 
country. 

16.  Age  of  mother  at  last  birthday,  in  years. 

17.  Occupation  of  mother. 

18.  Number  of  child  of  this  mother,  and  number  of 
children  of  this  mother  now  living. 

19.  Born  at  full  term. 

20.  The  certificate  of  attending  physician  or  midwife  as  to 
attendance  at  birth,  including  statement  of  year,  month,  day 
and  hour  of  birth,  and  whether  the  child  was  alive  or  dead  at 
birth.  This  certificate  shall  be  signed  by  the  attending  physi¬ 
cian  or  midwife,  the  date  of  signature  and  address;  if  there  is  no 
physician  or  midwife  in  attendance,  then  the  father  or  mother 
of  the  child,  householder  or  owner  of  the  premises,  or  manager 
or  superintendent  of  public  or  private  institution,  or  other  com¬ 
petent  person,  whose  duty  it  shall  be  to  notify  the  local  regis¬ 
trar  of  such  birth,  as  required  by  Section  6676  of  the  Revised 
Statutes  of  Missouri  of  1909. 

21.  Exact  date  of  filing  in  office  of  local  registrar,  attested 
by  his  official  signature  and  registered  number  of  birth,  as  here¬ 
inafter  provided. 

All  certificates,  either  of  birth  or  death,  shall  be  written 
legibly,  in  unfading  black  ink,  and  no  certificate  shall  be  held  to 
be  complete  and  correct  that  does  not  supply  all  the  items  of 
information  called  for  herein,  or  satisfactorily  account  for  their 
omission. 

V. 

PROTECTING  THE  INFANT  BEFORE  AND  AFTER 

BIRTH. 

(Page  24,  Section  5.) 

An  act  to  amend  Article  4  of  Chapter  67  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  by  adding  thereto  a  new  sec¬ 
tion  to  be  known  as  section  7815a,  prohibiting  the  employment  of 
women  three  weeks  before  and  three  weeks  after  childbirth ,  and  pro¬ 
viding  a  penalty. 


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BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  4  of  Chapter  67  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  he  and  the  same  is  hereby 
amended  by  adding  thereto  a  new  section  to  be  known  as  section 
7815 -a,  as  follows: 

Section  7815-a.  PROHIBITING  THE  EMPLOYMENT 
OF  WOMEN  BEFORE  AND  AFTER  CHILDBIRTH.— It  shall 
be  unlawful  for  any  person,  firm  or  corporation  to  knowingly 
employ  a  female  or  permit  a  female  to  be  employed  in  any  of 
the  divers  kinds  of  establishments,  places  of  industry,  or  places 
of  business  specified  in  section  7815  of  this  act,  within  three 
weeks  before  or  three  weeks  after  childbirth.  Any  person, 
firm  or  corporation  who  shall  violate  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  hundred  dollars. 

VI. 

RECOVERY  FOR  PRENATAL  INJURY. 

(Page  25,  Section  6.) 

An  act  to  amend  Article  17  of  Chapter  2  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  by  adding  thereto  a  new  section ,  to  provide 
or  recovery  for  prenatal  injuries,  and  to  be  known  as  Section  402-a. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Article  17  of  Chapter  2  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  be  and  the  same  is  hereby 
amended  by  adding  thereto  a  new  section,  to  provide  for  recovery  for 
prenatal  injuries,  and  to  be  known  as  Section  402 a,  a s  follows: 

Section  402-a.  RECOVERY  FOR  PRENATAL  INJU¬ 
RIES. — Any  person  who  has  sustained  a  prenatal  injury  shall  be 
entitled  to  recover  therefor  as  though  he  had  been  born  at  the 
time  of  sustaining  such  injury.  This  act  shall  apply  whether 
such  person  was  born  in  or  out  of  lawful  wedlock. 

Section  2.  CONFLICTING  STATUTES  REPEALED.— All 
acts  or  parts  of  acts  irreconcilable  or  in  conflict  with  this  act  are 
hereby  repealed. 


Children  s  Code  Commission. 


95 


46] 

VII  (A). 

AGE  OF  MAJORITY  OF  GIRLS. 

(Page  25,'Section  7.) 

An  act  to  amend  Section  402  of  Article  17  of  Chapter  2  of  the 
Revised  Statures  of  Missouri  of  1909,  by  inserting  in  line  one , 
after  the  word  “males”  and  before  the  word  “of”  the  words  “and 
females”  and  by  striking  out  in  line  two  the  words  “and  females 
of  the  age  of  eighteen  years” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  402  of  Article  17  of  Chapter  2  of  the 
Revised  Statutes  of  Missouri  of  1909,  be ,  and  the  same  is  hereby 
amended  by  inserting  in  line  one ,  after  the  word  “males”  and  be¬ 
fore  the  word  “of”  the  words  “and  females”  and  by  striking  out 
in  line  two  the  words  “and  females  of  the  age  of  eighteen  years”  so 
that  said  section ,  when  amended ,  shall  read  as  follows: 

Section  402.  MINORS,  WHO  CONSIDERED.— Males 
and  females  of  the  age  of  twenty-one  years  shall  be  considered 
of  full  age  for  all  purposes,  except  as  otherwise  provided  by  law, 
and  until  those  ages  are  attained  they  shall  be  considered 
minors. 

VII  (B). 

AGE  OF  MAJORITY  FOR  GIRLS. 

(Page  25,  Section  7.) 

An  act  to  repeal  Section  14  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  and  to  enact  a  new  section  in  lieu  thereof,  to  be  known 
as  Section  14. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Section  14  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be  and  the  same  is  hereby  repealed,  and  the  following 
new  section  be  enacted  in  lieu  thereof,  to  be  known  as  Section  14: 

Section  14.  PERSONS  DISQUALIFIED  FOR  ADMINIS¬ 
TRATING. — No  judge  or  clerk  of  any  probate  court,  in  his  own 
county,  or  his  deputy,  and  no  male  or  female  person  under 
twenty-one  years  of  age,  or  of  unsound  mind,  shall  be  executor 
or  administrator.  No  married  woman  shall  be  executrix  or 


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administratrix,  nor  shall  the  executor  of  an  executor,  in  conse¬ 
quence  thereof,  be  executor  of  the  first  testator. 

YII  (C). 

AGE  OF  MAJORITY  FOR  GIRLS. 

(Page  25,  Section  7.) 

An  act  to  repeal  Section  536  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  and  to  enact  in  lieu  thereof  a  new  section ,  to  be 
known  as  Section  536. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Section  536  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  be  and  the  same  is  hereby  repealed,  and  the  following 
new  section  be  enacted  in  lieu  thereof,  to  be  known  as  Section  53 

Section  536.  WOMEN  MAY  MAKE  WILLS  OF  REALT 
OR  PERSONALTY,  WHEN. — Any  married  or  unmarried 
woman  of  twenty-one  years  of  age  and  upward,  of  sound  mind, 
may  devise  her  land,  tenements,  or  any  descendible  interests 
therein,  and  any  married  or  unmarried  woman,  of  twenty-one  years 
of  age  and  upward,  of  sound  mind,  may  bequeath  her  personal 
property  held  in  her  own  right,  in  possession  or  expectancy,  by 
her  last  will  and  testament,  subject  to  the  rights  of  the  husband, 
if  any,  to  his  curtesy  therein. 


LAWS  RELATING  TO  MARRIAGE. 


Discussion  of  these  recommendations  appears 
in  Chapter  II,  page  27. 


(97) 


46—7 


46] 


Children's  Code  Commission. 


99 


CHAPTER  II. 

LAWS  RELATING  TO  MARRIAGE. 

1.  a.  PROHIBITING  THE  MARRIAGE  OF  FEEBLE¬ 

MINDED,  EPILEPTIC,  INSANE  OR  MEN¬ 
TALLY  IMBECILE  PERSONS, 
b.  PROHIBITING  THE  MARRIAGE  OF  FEEBLE¬ 
MINDED,  EPILEPTIC,  INSANE  OR  MEN¬ 
TALLY  IMBECILE  PERSONS. 

2.  REQUIRING  NOTICE  OF  INTENTION  TO  MARRY. 

3.  ABOLISHING  COMMON-LAW  MARRIAGES. 

4.  ESTABLISHING  AGE  OF  MARRIAGE  FOR  GIRLS 

AT  FIFTEEN. 

5.  FORM  OF  MARRIAGE  LICENSE. 

I  (A). 

PROHIBITING  THE  MARRIAGE  OF  FEEBLE-MINDED, 
EPILEPTIC,  INSANE  OR  MENTALLY 
IMBECILE  PERSONS. 

(Page  27,  Section  1.) 

An  act  to  prohibit  marriages  between  insane ,  mentally  imbe¬ 
cile ,  feeble-minded  or  epileptic  persons,  and  to  amend  section  4728  of 
the  Revised  Statutes  of  the  State  of  Missouri  of  1909  by  inserting 
in  line  5  thereof  after  the  word  “consent”  and  before  the  word  “or” 
the  words  “or  is  insane,  mentally  imbecile,  feeble-minded  or 
epileptic.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  a  new  section  to  be  known  as  Section  4727 -a 
of  the  Revised  Statutes  of  the  State  of  Missouri  hereby  is  enacted , 
reading  as  follows: 

Section  4727-a.  MARRIAGES  BETWEEN  INSANE, 
MENTALLY  IMBECILE,  FEEBLE-MINDED  OR  EPILEP¬ 
TIC  PERSONS  PROHIBITED. — No  man  and  woman,  either 
of  whom  is  insane,  mentally  imbecile,  feeble-minded  or  epi¬ 
leptic,  shall  intermarry. 

Section  2.  That  Section  4728  of  the  Revised  Statutes  of  the 


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[46 


State  of  Missouri  of  1909  be  and  the  same  hereby  is  amended  by 
inserting  in  line  5  thereof  after  the  word  “ consent ”  and  before  the 
word  “or,”  the  words  “or  is  insane,  mentally  imbecile,  feeble¬ 
minded  or  epileptic,”  so  that  said  section  when  so  amended,  shall 
read  as  follows : 

Section  4728.  ILLEGALLY  SOLEMNIZING  MAR¬ 
RIAGES. — Every  person  who  shall  solemnize  any  marriage,  hav¬ 
ing  knowledge  of  any  fact  which  renders  such  marriage  criminal 
in  either  of  the  parties  under  the  preceding  provisions  of  this 
article,  or,  having  knowledge  that  either  of  the  parties  shall  be 
under  the  age  of  legal  consent,  or  is  insane,  mentally  imbecile, 
feeble-minded  or  epileptic,  or  where,  to  his  knowledge,  any  other 
legal  impediment  exists  to  such  marriage,  and  every  person  not 
authorized  by  law  to  solemnize  marriages  who  shall  falsely  rep¬ 
resent  that  he  is  so  authorized,  and  who,  by  any  pretended  mar¬ 
riage  ceremony  which  he  may  perform,  shall  deceive  any  inno¬ 
cent  person  or  persons  into  the  belief  that  they  have  been  le¬ 
gally  married,  shall,  on  conviction,  be  adjudged  guilty  of  a  mis¬ 
demeanor,  and  be  punished  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  a  fine  not  less  than  five  hundred 
dollars,  or  by  both  such  fine  and  imprisonment. 

I  (B). 

PROHIBITING  THE  MARRIAGE  OF  FEEBLE-MINDED, 
EPILEPTIC,  INSANE,  OR  MENTALLY 
IMBECILE  PERSONS. 

(Page  27,  Section  1.) 

An  act  to  amend  Section  8280  of  the  Revised  Statutes  of  the 
State  of  Missouri  of  1909,  prohibiting  certain  marriages ,  by  strik¬ 
ing  out  from  line  four  of  said  section  the  word  “and”  following  the 
word  “blood”  and  before  the  word  “between'”  and  by  inserting  in 
line  five  of  said  section  the  words  “and  between  persons,  either 
of  whom  is  insane,  mentally  imbecile,  feeble-minded  or  epi¬ 
leptic,”  following  the  word  “Mongolians”  and  before  the  word  “are” 
and  by  striking  out  in  lines  six  and  seven  of  said  section  the  words 
“illegitimate  as  well  as  legitimate  relatives”  and  by  inserting  in 
lieu  thereof  the  words  “persons  born  out  of  lawful  wedlock  as 
well  as  those  born  in  lawful  wedlock,”  so  that  said  section ,  when 
so  amended ,  shall  read  as  follows: 

Section  8280.  CERTAIN  MARRIAGES  PROHIBITED.— 
All  marriages  between  parents  and  children,  including  grand- 


46] 


Children’s  Code  Commission. 


101 


parents  and  grand-children  of  every  degree,  between  brothers 
and  sisters  of  the  half  as  well  as  of  the  whole-blood,  between 
uncles  and  nieces,  aunts  and  nephews,  first  cousins,  white  per¬ 
sons  and  negroes,  white  persons  and  Mongolians,  and  between 
persons  either  of  whom  is  insane,  mentally  imbecile,  feeble¬ 
minded  or  epileptic,  are  prohibited  and  declared  absolutely  void, 
and  this  prohibition  shall  apply  to  persons  born  out  of  lawful 
wedlock  as  well  as  to  those  born  in  lawful  wedlock. 

II. 

REQUIRING  NOTICE  OF  INTENTION  TO  MARRY. 

(Page  28,  Section  2.) 

An  act  to  amend  Chapter  76  of  the  Revised  Statutes  of  the 
State  of  Missouri  of  1909,  entitled  “ Marriage  and  Marriage  Con¬ 
tracts ”  by  adding  thereto  four  new  sections  to  be  known  as  Sections 
8283 -a,  8283 -b,  8283 -c  and  8283 -d. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Chapter  76  of  the  Revised  Statutes  of  the 
State  of  Missouri  of  1909  be,  and  the  same  is  hereby  amended  by 
adding  thereto  four  new  sections  to  be  known  as  Sections  8283 -ar 
8283 -b,  8283-c  and  8283 -d,  as  follows: 

Section  8283-a.  REQUIRING  NOTICE  OF  INTENTION 
TO  OBTAIN  MARRIAGE  LICENSE.— Persons  who  intend  to 
be  joined  in  marriage  in  this  state  shall,  not  less  than  five  days 
before  obtaining  a  license  therefor,  cause  a  written  notice  of 
their  said  intention,  signed  by  them,  to  be  filed  in  the  office  of 
the  recorder  of  deeds  requested  by  such  persons  to  issue  such 
license,  which  said  notice  shall  contain  the  information  respect¬ 
ing  the  said  persons  intending  to  marry  which  is  required  by  law 
to  be  given  before  the  issuance  of  such  a  license;  and  showing 
that  neither  of  said  parties  comes  within  the  prohibitions  con¬ 
tained  in  this  chapter;  and  said  notice  shall  be  kept  open  to 
public  inspection  and  a  list  made  up  from  said  notices  shall  be 
kept  open  to  public  inspection,  setting  forth  the  names  and  ad¬ 
dresses  of  the  contracting  parties  and  the  dates  of  the  filing  of 
said  notices  shall  be  posted  by  such  officer  in  some  conspicuous 
place  in  his  office.  Said  list  shall  also  be  published  during  the 
said  five-day  period,  daily  in  cities  or  counties  having  a  daily 


102 


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[46 


newspaper,  and  in  cities  or  counties  having  only  a  weekly  or 
semi-weekly  newspaper,  on  the  dates  of  issuance  of  such  news¬ 
paper;  provided,  no  license  which  shall  be  issued  prior  to  the 
third  day  after  the  first  publication  of  said  notice.  The  recorder 
of  deeds  of  the  city  or  county  shall  select  such  newspapers,  and 
it  shall  be  his  duty  to  see  that  said  lists  are  correctly  edited  and 
published.  In  any  city  or  county  having  a  newspaper  under  con¬ 
tract  to  do  legal  printing,  said  list  shall  be  published  in  said 
newspaper.  No  license  to  marry  shall  be  issued  by  such  re¬ 
corder  of  deeds  except  after  full  compliance  with  the  provisions 
of  this  section;  provided,  however,  that  said  five-day  period  may 
be  dispensed  with  on  order  of  the  circuit  or  probate  court  of  the 
county  in  which  said  license  is  applied  for,  such  order  being 
issued  only  for  good  cause  shown  and  by  reason  of  such  unusual 
conditions  as  to  make  a  period  of  delay  unwise. 

Section  8283-b.  OBJECTIONS  TO  ISSUANCE  OF  LI¬ 
CENSE. — Any  person  may  at  any  time  prior  to  the  issuance  of 
such  marriage  license  by  the  recorder  of  deeds,  as  provided  in 
Section  8283-a,  file  with  said  recorder  of  deeds  objections  to  the 
issuance  of  such  license.  Such  objections  shall  set  forth  fully 
the  facts  upon  which  the  objections  are  based,  and  the  rela¬ 
tionship  or  other  connection,  legal  or  otherwise,  if  any,  between 
the  objectors  and  the  parties  applying  for  the  license,  and  all 
other  facts  which  may  serve  to  throw  light  upon  the  merits  of 
the  objections.  The  objections  shall  also  state  the  residences 
of  the  objectors,  and  shall  be  signed  by  the  person  or  persons 
filing  the  same,  and  sworn  to  before  an  officer  authorized  by 
law  to  administer  oaths,  and  said  officer  shall  certify  to  the 
place  or  places  of  residence  of  the  objectors. 

Upon  the  filing  of  any  objection  complying  with  the  above 
mentioned  requisites,  the  recorder  of  deeds  with  whom  same  is 
filed  shall  immediately  file  same  with  the  clerk  of  the  circuit 
court  of  his  county,  or  if  said  court  is  not  in  session,  then  with 
the  clerk  of  the  probate  court  of  said  county.  Thereafter  no 
license  shall  be  issued  to  said  applicants  except  upon  order  of 
the  court  before  whom  said  objections  have  been  filed,  after  due 
hearing. 

Section  8283-c.  PENALTY  FOR  FALSE  STATEMENTS 
IN  OBJECTIONS. — Any  person  or  persons  filing  with  the  re¬ 
corder  of  deeds  objections  to  the  issuance  of  a  marriage  license 
without  reasonable  cause  to  believe  that  the  facts  therein  stated 
are  true  and  that  such  facts  constitute  legal  ground  for  the  re- 


46] 


Children's  Code  Commission. 


103 


fusal  to  issue  the  license  applied  for,  shall  be  guilty  of  a  mis¬ 
demeanor,  and  on  conviction  thereof  shall  be  punished  by  im¬ 
prisonment  in  the  county  jail  not  exceeding  ninety  days,  or  by 
fine  not  exceeding  five  hundred  (500)  dollars,  or  by  both  such 
fine  and  imprisonment. 

Section  8283-d.  INCONSISTENT  AND  CONFLICTING 
ACTS  REPEALED. — All  acts  or  parts  of  acts  inconsistent  or  in 
conflict  with  this  act  are  hereby  repealed. 

III. 

ABOLISHING  COMMON-LAW  MARRIAGES. 

(Page  28,  Section  4.) 

An  act  to  amend  Chapter  76  of  the  Revised  Statutes  of  the 
State  of  Missouri  of  1909,  entitled  “ Marriage  and  Marriage  Con¬ 
tracts ,”  by  amending  Section  8283  .of  said  Chapter  by  adding  at 
the  end  thereof  the  following  words ,  “and  no  marriage  hereafter 
contracted  shall  be  recognized  as  valid  unless  such  license  has 
been  previously  obtained  and  unless  such  marriage  is  solemn¬ 
ized  by  a  person  authorized  by  law  to  solemnize  marriages. 
Common-law  marriages  hereafter  contracted  shall  be  null  and 
void.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  8283  of  the  Revised  Statutes  of  Mis¬ 
souri ,  1909,  be,  and  the  same  is  hereby  amended  by  adding  at  the 
end  thereof  the  following  words :  “and  no  marriage  hereafter  con¬ 
tracted  shall  be  recognized  as  valid  unless  such  license  has  been 
previously  obtained  and  unless  such  marriage  is  solemnized  by 
a  person  authorized  by  law  to  solemnize  marriages.  Common-  - 
law  marriages  hereafter  contracted  shall  be  null  and  void.”  so 
that  the  section  as  amended  shall  read  as  follows: 

Section  8283.  LICENSE  MUST  BE  OBTAINED.— Previ¬ 
ous  to  any  marriage  in  this  state,  a  license  for  that  purpose  shall 
be  obtained  from  the  officer  herein  authorized  to  issue  the  same, 
and  no  marriage  hereafter  contracted  shall  be  recognized  as 
valid  unless  such  license  has  been  previously  obtained,  and  un¬ 
less  such  marriage  is  solemnized  by  a  person  authorized  by  law 
to  solemnize  marriages.  Common-law  marriages  hereafter 
contracted  shall  be  null  and  void. 


104 


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[46 


IV. 

ESTABLISHING  AGE  OF  MARRIAGE  FOR  GIRLS 
AT  FIFTEEN. 

(Page  28,  Section  3.) 

An  act  to  amend  Section  4721,  Revised  Statutes  of  the  State 
of  Missouri  of  1909,  by  striking  out  in  line  fourteen  the  word 
“ twelve ”  and  inserting  in  lieu  thereof  the  word  “fifteen.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  4721,  Revised  Statutes  of  the  State 
of  Missouri  of  1909,  be  and  the  same  is  hereby  amended  by  striking 
out  in  line  fourteen  the  word  “ twelve ”  and  inserting  in  lieu  thereof 
the  word  “fifteen,”  so  that  said  section ,  when  so  amended ,  shall 
read  as  follows: 

Section  4721.  LAST  SECTION  CONSTRUED.— The  last 

section  shall  not,  by  reason  of  any  former  marriage,  extend  to 
any  person  again  marrying  in  either  of  the  following  cases: 
First,  where  the  husband  or  wife  by  such  former  marriage  shall 
have  been  absent  for  seven  successive  years,  without  being 
known  to  such  person  to  be  living;  or,  second,  where  the  husband 
or  wife  by  such  former  marriage  shall  have  been  absent,  and 
continually  remaining  without  the  United  States  and  their  ter¬ 
ritories,  for  seven  successive  years;  or,  third,  where  such  former 
marriage  shall  have  been  dissolved  by  competent  authority,  and 
such  person  is  not  by  law  prohibited  from  again  marrying,  or 
the  time  of  such  disability  has  expired;  or,  fourth,  where  such 
former  marriage  shall  have  been  declared  void  by  competent 
authority;  or,  fifth,  where  such  former  marriage  was  contracted 
by  such  persons  while  under  the  age  of  legal  consent — the  age 
of  legal  consent,  as  intended  by  this  section,  shall  be,  of  males, 
fifteen  years,  and  of  females,  fifteen  years;  or,  sixth,  where  the 
husband  or  wife  by  such  former  marriage  shall  have  been  sen¬ 
tenced  to  imprisonment  in  the  penitentiary  for  life. 


46] 


Children's  Code  Commission. 


105 


V. 

FORM  OF  MARRIAGE  LICENSE. 

(Page  28,  Section  3.) 

An  act  to  amend  Chapter  76  of  the  Revised  Statutes  of  the 
State  of  Missouri  of  1909,  entitled  “ Marriage  and  Marriage  Con¬ 
tracts ,”  by  amending  Section  8284  of  said  chapter  by  omitting  the 
words  “ applied  to  by ”  between  the  word  “when”  and  the  word 
“any”  in  the  third  line  of  said  section ,  and  by  inserting  in  the  third 
line  of  said  section  the  word  “is”  between  the  word  “person”  and 
the  word  “legally;”  and  by  striking  out  in  line  fifteen  the  word 
“eighteen”  and  inserting  in  lieu  thereof  the  word  “twenty-one” 
and  by  inserting  in  line  sixteen ,  between  the  word  “man”  and  the 
word  “is”  the  words  “or  the  woman”  and  by  striking  out  the 
words  “or  the  woman  under  eighteen”  in  line  sixteen;  also  by  re¬ 
pealing  Section  8289  of  said  chapter  and  enacting  a  new  section  in 
lieu  thereof  to  be  known  as  Section  8289,  and  also  by  enacting  a 
new  section  to  be  known  as  Section  8289-a. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  8284  of  the  Revised  Statutes  of  Mis¬ 
souri ,  1909,  be,  and  the  same  is  hereby  amended  by  omitting  the 
words  “applied  to  by”  in  the  third  line  of  said  section,  between  the 
word  “when”  and  the  word  “any,”  and  by  inserting  the  word  “is” 
in  the  third  line  of  said  section,  between  the  word  “person”  and  the 
word  “legally;”  and  by  striking  out  in  line  fifteen  the  word  “eigh¬ 
teen”  and  inserting  in  lieu  thereof  the  word  “twenty-one”  and  by 
inserting  in  line  sixteen,  between  the  word  “man”  and  the  word 
“is”  the  words  “or  the  woman”  and  by  striking  out  the  words  “or 
the  woman  under  eighteen”  in  line  sixteen  so,  that  said  section, 
when  amended,  shall  read  as  follows: 

Section  8284.  RECORDER  TO  ISSUE  LICENSE— FORM 
OF. — The  recorders  of  the  several  counties  of  this  state  and  the 
recorder  of  the  City  of  St.  Louis  shall,  when  any  person  is  le¬ 
gally  entitled  to  a  marriage  license,  issue  the  same,  which  may 
be  in  the  following  form: 

State  of  Missouri, 

County  of - . 

This  license  authorizes  any  judge,  justice  of  the  peace,  li¬ 
censed  or  ordained  preacher  of  the  gospel,  or  other  person  au- 


106 


Report  of  the  Missouri 


[46 


thorized  under  the  laws  of  this  state,  to  solemnize  marriage  be¬ 
tween  A.  B.,  of  - ,  county  of  -  and  state  of 

- ,  who  is  -  the  age  of  twenty-one  years,  and 

C.  D.,  of - ,  in  the  county  of - ,  state  of - , 

who  is  the  age  of  twenty-one  years. 

If  the  man  or  the  woman  is  under  twenty-one,  add  the  fol¬ 
lowing: 

The  father  or  mother  or  guardian,  as  the  case  may  be,  of 
the  said  A.  B.  or  C.  D.  (A.  B.  or  C.  D.,  as  the  case  may  require) 
has  given  his  or  her  assent  to  the  said  marriage. 

Witness  my  hand  as  recorder,  with  the  seal  of  office  hereto 

affixed,  at  my  office,  in - ,  the - day  of - , 

19 - . 

Of  which  said  license  the  person  solemnizing  the  marriage 
shall,  within  ninety  days  after  the  issuing  thereof,  make  as  near 
as  may  be  the  following  return,  and  return  such  license  to  the 
officer  issuing  the  same: 

State  of  Missouri, 

County  of - . 

This  is  to  certify  that  the  undersigned - did  at 

- ,  in  said  county,  on  the  -  day  of  - , 

A.  D.  19 - ,  unite  in  marriage  the  above  named  persons. 


Section  2.  That  Section  8289  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  be,  and  the  same  is  hereby  repealed  and  the  following 
new  section ,  to  be  known  by  the  same  number,  is  to  be  enacted  in  lieu 
thereof: 

Section  8289.  CONSENT  OF  PARENT  OR  GUARDIAN 
NECESSARY,  WHEN. — No  recorder  shall  in  any  event  issue 
a  license  authorizing  the  marriage  of  any  person  under  fifteen 
years  of  age;  and  no  recorder  shall  issue  a  license  authorizing 
the  marriage  of  any  person  under  the  age  of  twenty-one  years, 
except  with  the  consent  of  his  or  her  father,  mother  or  guardian, 
which  consent  shall  be  given  at  the  time,  in  writing,  stating  the 
residence  of  the  person  giving  such  consent,  signed  and  sworn 
to  before  an  officer  authorized  to  administer  oaths.  The  re¬ 
corder  shall  state  in  every  license  whether  the  parties  applying 
for  the  same,  one  or  either  or  both  of  them,  are  of  age,  or  whether 
either  or  both  are  minors,  and  if  either  party  is  a  minor, ^the 
name  of  the  father,  mother  or  guardian  consenting  to  such  mar¬ 
riage. 


46] 


Children's  Code  Commission. 


107 


Section  3.  That  a  new  section ,  to  be  known  as  Section  8289 -a, 
be  enacted  as  follows : 

Section  8289-a.  INCONSISTENT  AND  CONFLICTING 
ACTS  REPEALED. — All  acts  and  parts  of  acts  inconsistent  or 
in  conflict  with  this  act  are  hereby  repealed. 


. 


; 


■ 


' 


- . - — - 


PUBLIC  ADMINISTRATION  OF  LAWS  RELATING 
TO  SOCIAL  WELFARE. 


Discussion  of  these  recommendations  appears 
in  Chapter  III,  page  30. 


(109) 


46] 


Children’s  Code  Commission. 


Ill 


CHAPTER  III. 

PUBLIC  ADMINISTRATION  OF  LAWS  RELATING  TO 
SOCIAL  WELFARE. 

1.  APPOINTMENT  OF  COUNTY  SUPERINTENDENTS 

OF  PUBLIC  WELFARE. 

2.  CHANGING  NAME  OF  COUNTY  BOARDS  OF  VISIT¬ 

ORS  TO  COUNTY  BOARDS  OF  PUBLIC  WEL¬ 
FARE. 

3.  SOCIAL  WELFARE  BOARDS  IN  CITIES  OF  SECOND 

AND  THIRD  CLASS. 

4.  STATE  BOARD  OF  CHARITIES  MAY  CLOSE  INSTI¬ 

TUTIONS  FOUND  TO  BE  UNFIT. 

5.  INSTITUTIONAL  CARE  FOR  COLORED  CHILDREN. 

I. 

APPOINTMENT  OF  COUNTY  SUPERINTENDENTS  OF 
PUBLIC  WELFARE. 

(Page  35,  Section  1.) 

An  act  to  create  and  regulate  the  office  of  County  Superintend¬ 
ent  of  Public  Welfare ,  and  of  his  assistants. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  APPOINTMENT  OF  COUNTY  SUPERIN¬ 
TENDENT  OF  PUBLIC  WELFARE  AND  HIS  ASSISTANTS. 
The  county  court  in  each  county  may  appoint  a  county  superin¬ 
tendent  of  public  welfare,  and  such  assistants  as  it  may  deem 
necessary.  Such  appointments  shall  be  made  by  the  county 
court  from  a  list  of  persons,  either  men  or  women,  prepared  and 
furnished  to  the  county  courts  by  the  state  board  of  charities  and 
corrections,  which  board  shall  determine  the  qualifications  of 
applicants  for  the  position  of  county  superintendent  and  of 
assistantes  to  said  county  superintendent,  and  the  manner 
of  selecting  them  for  a  place  on  said  list;  provided,  however, 
that  said  county  courts  may  make  temporary  appointments 
of  county  superintendents  or  of  assistants  to  said  county  super¬ 
intendent  when  no  names  of  eligible  persons  have  been  fur- 


112 


Report  of  the  Missouri 


[46 


nished  to  it  by  said  state  board  of  charities  and  corrections ;  but 
the  term  of  such  temporary  employes  shall  expire  within  thirty 
days  from  the  date  on  which  the  state  board  of  charities  and 
corrections  files  with  the  county  court  the  name  or  names  of  a 
person  or  persons  qualified  for  appointment  as  such  county  su¬ 
perintendent  or  assistants,  as  the  case  may  be.  It  shall  be  the 
duty  of  the  state  board  of  charities  and  corrections  to  furnish  to 
the  several  county  courts,  from  time  to  time,  said  lists  of  the 
names  of  persons  qualified  for  the  positions  of  county  superin¬ 
tendent  of  public  welfare  and  of  assistants  to  said  county  super¬ 
intendent. 

Section  2.  COUNTY  SUPERINTENDENT  AND  ASSIST¬ 
ANTS  TO  HAVE  CERTIFICATE  OF  QUALIFICATION.— The 
state  board  of  charities  and  corrections  shall  issue  certificates 
of  qualification  to  such  persons  as  it  may,  under  its  rules,  find 
eligible  for  appointment  as  county  superintendent  and  assistants 
to  said  county  superintendent,  and  shall  place  on  its  list  of  eli- 
gibles  for  appointment  to  said  offices  only  the  names  of  persons 
who  possess  said  certificate  of  qualification. 

Section  3.  COUNTY  COURT  TO  FIX  SALARY  OF  SU¬ 
PERINTENDENT  AND  HIS  ASSISTANTS.— The  county 
court  shall  fix  the  salary  of  the  county  superintendent  of  public 
welfare  and  of  his  assistants  in  its  county.  The  county  super¬ 
intendent  of  public  welfare  may  receive  such  salary  as  the 
county  court  prescribes,  not  exceeding,  except  as  otherwise  pro¬ 
vided  in  this  act,  $2,500  per  annum  in  counties  of  300,000  inhab¬ 
itants  and  over;  not  exceeding  $2,000  in  counties  of  100,000  in¬ 
habitants  and  less  than  300,000  inhabitants;  not  exceeding 
$1,800  in  counties  of  50,000  and  less  than  100,000  inhabitants; 
and  not  exceeding  $1,500  in  counties  having  20,000  inhabitants 
and  less  than  50,000  inhabitants;  and  not  less  than  $1,200  in 
any  county. 

Officers  appointed  to  assist  the  county  superintendents  of 
public  welfare  may  receive  such  salaries  as  may  be  prescribed 
by  the  county  court,  not  exceeding  three-fourths  of  the  amount 
paid  to  the  superintendent  of  public  welfare  under  whose  direc¬ 
tion  they  work. 

Section  4.  DUTIES  OF  COUNTY  SUPERINTENDENT 
OF  PUBLIC  WELFARE  AND  HIS  ASSISTANTS.— It  shall  be 
the  duty  of  the  county  superintendent  of  public  welfare  to  ad¬ 
minister  all  of  the  funds  of  the  county  devoted  to  outdoor  relief 
and  allowances  to  needy  mothers.  He  shall  seek  to  discover 
any  cases  of  neglected,  dependent,  defective  or  delinquent  chil- 


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113 


dren  in  the  county,  and  take  all  reasonable  action  in  his  power 
to  secure  for  them  the  full  benefit  of  the  laws  enacted  for  their 
benefit.  Assistants  to  the  county  superintendents  of  public  wel¬ 
fare  shall  perform  such  of  the  duties  of  the  county  superintend¬ 
ent  of  public  welfare  as  he  may  assign  to  them. 

Section  5.  COUNTY  SUPERINTENDENT  TO  ACT  AS 
AUXILIARY  TO  THE  STATE  BOARD  OF  CHARITIES  AND 
CORRECTIONS. — The  county  superintendent  of  public  wel¬ 
fare  may  be  deputized  or  authorized  by  the  state  board  of  char¬ 
ities  and  corrections  to  act  as  its  agent  in  relation  to  any  work 
to  be  done  by  said  board  within  the  county,  and  when  said 
county  superintendent  is  so  authorized  as  the  agent  of  the 
state  board  of  charities  and  corrections,  he  shall  have  the  same 
powers  and  authority  as  are  given  to  the  state  board  of  charities 
and  corrections.  The  county  superintendent  of  public  welfare 
may  at  any  time  call  on  the  state  board  of  charities  and  correc¬ 
tions  for  advice  and  assistance  in  the  performance  of  his  duties. 

Section  6.  AFTER-CARE  OF  THE  INSANE.— The  county 
superintendent  of  public  welfare  in  each  county  shall,  upon  the 
request  of  the  state  board  of  charities  and  corrections,  and  in 
accordance  with  its  direction,  give  special  care  and  attention  to 
the  needs  of  any  patients  recently  discharged  from  the  state  hos¬ 
pital  for  the  insane  who  reside  in  his  county,  either  on  parole  or 
permanent  discharge,  to  the  end  that  such  patients  may  be  es¬ 
tablished  in  such  favorable  circumstances  as  shall  tend  to  pre¬ 
vent  their  relapse  into  insanity,  and  shall  report  on  the  progress 
of  such  former  patients  to  the  state  board  of  charities  and  cor¬ 
rections,  and  under  its  direction,  to  the  institution  from  which 
they  have  been  paroled  or  discharged. 

Section  7.  OVERSIGHT  OF  PERSONS  PLACED  ON 
PAROLE  OR  PROBATION. — The  county  superintendent  of 
public  welfare  shall  give  such  oversight  and  supervision  to  pris¬ 
oners  who  are  on  parole  from  the  state  penitentiary  and  are  re¬ 
siding  in  his  county,  and  to  persons  who  are  on  parole  from  the 
Missouri  reformatory,  and  Missouri  Training  School  for  boys 
and  to  girls  on  parole  from  the  state  industrial  home  for  girls 
or  from  the  state  industrial  home  for  negro  girls,  as  may  be 
requested  by  the  state  prison  board  and  shall  report  upon  the 
progress  of  said  paroled  prisoners  to  the  state  prison  board  as 
often  as  it  may  request. 

The  county  superintendent  of  public  welfare  in  each  county 
shall  give  oversight  and  supervision  to  prisoners  on  parole  or 


46—8 


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[46 


probation  by  any  court  in  the  state  of  Missouri  and  shall  inves¬ 
tigate  applications  for  clemency  when  requested  to  do  so  by 
said  courts,  and  shall  report  in  regard  to  each  person  placed 
under  his  supervision  to  the  court  placing  said  person  under  his 
supervision. 

The  county  superintendent  of  public  welfare  shall  also  give 
oversight  and  supervision  to  children  placed  on  parole  or  pro¬ 
bation  by  the  juvenile  court  or  the  court  having  jurisdiction  of 
children’s  cases  in  his  county  when  requested  to  do  so  by  said 
court  and  shall  report  to  said  court  upon  progress  of  persons 
thus  placed  on  parole  or  probation. 

Section  8.  OVERSIGHT  OF  DEPENDENT  CHILDREN. 
The  county  superintendent  of  public  welfare  in  each  county 
shall  act  as  local  representative  of  the  children’s  bureau  of  the 
state  board  of  charities  and  corrections  and  shall,  upon  the  re¬ 
quest  of  said  bureau,  assist  in  finding  suitable  foster  homes  and 
shall  report  to  said  state  board  of  charities  and  corrections  upon 
the  progress  and  welfare  of  children  who  have  been  placed  in 
foster  homes  by  said  bureau. 

Section  9.  ASSISTING  STATE  EMPLOYMENT  BU¬ 
REAUS. — The  county  superintendent  of  public  welfare  in  each 
county  shall  co-operate  with  the  state  employment  bureaus 
and  shall,  upon  the  request  of  the  head  of  such  bureaus,  furnish 
data  with  regard  to  the  opportunities  for  employment  in  their 
respective  counties  and  shall  aid  and  assist  in  any  practical  way 
in  securing  employment  for  the  unemployed  in  his  county. 

Section  10.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  AGENT  OF  STATE  FACTORY  IN¬ 
SPECTOR. — The  county  superintendent  of  public  welfare  and 
his  assistants  may  be  deputized  by  the  state  factory  inspector, 
as  his  agent  or  agents,  and  when  they  are  so  deputized  by  the 
state  factory  inspector  they  shall  have  the  same  powers  and 
authority  as  deputy  factory  inspectors. 

Section  11.  INVESTIGATION  INTO  THE  CAUSES  OF 
DISTRESS. — It  shall  be  the  duty  of  the  county  superintendent 
of  public  welfare  to  investigate  the  conditions  of  living  among 
the  poor,  sick  and  delinquent  in  the  county  and  to  examine  thor¬ 
oughly  into  the  causes  of  crime  and  poverty  in  the  county  and 
to  make  recommendations  from  time  to  time  to  the  state  board 
of  charities  and  corrections  and  to  proper  local  authorities  as  to 
any  change  in  conditions  or  in  legislation  necessary  to  prevent 
or  reduce  poverty,  crime  or  distress  in  the  state.  The  superin- 


46] 


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115 


tendent  of  public  welfare  and  his  assistants  may  be  deputized 
as  agents  of  the  state  bureau  of  labor  statistics  and  when  they 
are  so  deputized  by  the  state  bureau  of  labor  statistics  they 
shall  exercise  all  of  the  authority  to  make  investigations  which 
is  granted  to  the  state  bureau  of  labor  statistics. 

Section  12.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  ATTENDANCE  OFFICER.  —  The 
county  superintendent  of  public  welfare,  upon  the  request  of 
any  board  having  charge  of  a  public  school  in  any  district  in  the 
county,  shall  act  as  attendance  officer  to  enforce  the  provisions 
of  sections  10896  to  10905,  inclusive,  of  the  Revised  Statutes  of 
Missouri  1909,  with  such  additional  compensation,  if  any,  as 
may  be  ordered  by  the  county  court  or  by  the  board  of  edu¬ 
cation,  board  of  directors  of  the  school  district,  and  in  any  such 
case  shall  have  all  the  powers  and  duties  of  an  attendance  of¬ 
ficer,  as  provided  by  the  aforesaid  sections  or  other  similar  acts. 

Section  13.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  ADMINISTRATOR.— The  county  su¬ 
perintendent  of  public  welfare  may  be  appointed  as  administra¬ 
tor  of  small  estates  of  widows  or  children  by  the  probate  court 
and  when  he  is  so  appointed  he  shall  act  in  that  capacity  with¬ 
out  pay  so  long  as  he  is  county  superintendent  of  public  welfare. 

Section  14.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  PROBATION  OFFICER,  WHEN.— 
The  county  superintendent  of  public  welfare  may  be  appointed 
as  probation  officer  for  his  county  by  the  judge  of  the  juvenile 
court  of  that  county,  and  may,  in  that  case,  receive,  in  addition 
to  his  salary  as  county  superintendent  of  public  welfare,  such 
additional  salary  as  probation  officer,  if  any,  as  may  be  prescrib¬ 
ed  by  the  judge  of  the  juvenile  court,  with  the  approval  of 
the  county  court. 

Section  15.  RECORDS. — The  records  of  cases  handled 
and  business  transacted  by  the  county  superintendent  of  public 
welfare  shall  be  kept  in  such  manner  and  form  as  may  be  pre¬ 
scribed  by  the  state  board  of  charities  and  corrections. 

Section  16.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  MAKE  YEARLY  REPORT.— The  county  super¬ 
intendent  of  public  welfare  shall  each  year  prepare  and  keep  on 
file  a  full  report  of  his  work  and  proceedings  during  the  year, 
and  shall  file  a  copy  with  the  county  court  and  with  the 
secretary  of  the  state  board  of  charities  and  corrections. 

Section  17.  INCONSISTENT  AND  CONFLICTING  ACTS 
REPEALED. — All  acts  and  parts  of  acts  inconsistent  or  in  con- 


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[46 


flict  with  this  act  are  hereby  repealed,  provided  that  this  act 
shall  not  be  construed  to  apply  to  the  city  of  St.  Louis,  and  pro¬ 
vided  that  it  shall  not  be  construed  to  repeal  or  amend  House 
bill  No.  668  of  the  Session  Acts  of  1913,  pages  134  to  137,  which 
provides  for  social  welfare  boards  in  certain  counties. 

II. 

CHANGING  NAME  OF  COUNTY  BOARDS  OF  VISIT¬ 
ORS  TO  COUNTY  BOARDS  OF 
PUBLIC  WELFARE. 

(Page  36,  Section  2.) 

An  act  to  amend  Article  3  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909  by  amending  Section  1329  of 
said  Revised  Statutes  by  striking  out  in  the  headline  of  said  section 
the  words  “ Board  of  Visitors and  inserting ,  in  lieu  thereof ,  the 
words  “County  Boards  of  Public  Welfare ;”  and  by  striking  out 
in  the  fifth  line  of  said  section  the  words  “ board  of  county  visitors ” 
and  inserting ,  in  lieu  thereof ,  the  words  “county  board  of  public 
welfare,”  and  by  striking  out  in  the  tenth  line  of  said  section  the 
words  “ board  of  visitors 99  and  inserting ,  in  lieu  thereof ,  the  words 
“county  board  of  public  welfare;”  also  by  repealing  Section  1330 
of  said  Revised  Statutes  and  enacting  a  new  section  to  be  known  by 
the  same  number ,  in  lieu  thereof;  also  by  amending  Section  1331 
of  said  Revised  Statutes  by  striking  out  in  the  first  and  second  lines 
of  said  section  the  words  “board  of  visitors and  by  inserting ,  in 
lieu  thereof ,  the  words  “county  board  of  public  welfare”;  also  by 
amending  Section  1332  of  said  Revised  Statutes  by  striking  out  in 
the  first ,  fifth,  twelfth  and  thirteenth  lines  of  said  section  the  words 
“board  of  county  visitors 99  and  inserting ,  in  lieu  thereof ,  in  each  of 
said  lines ,  the  words  “county  board  of  public  welfare.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  1329  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be,  and  the  same  is  hereby  amended  by  striking  out  in 
the  headline  of  said  section  the  words  “Boards  of  Visitors 99  and 
inserting,  in  lieu  thereof,  the  words  “County  Boards  of  Public 
Welfare”  and  by  striking  out  in  the  fifth  line  of  said  section  the 
words  “board  of  county  visitors' *  and  inserting  in  lieu  thereof  the 
words  “county  board  of  public  welfare,”  and  by  striking  out  in 


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117 


the  tenth  line  of  said  section  the  words  “ board  of  visitors ”  and  in¬ 
serting ,  in  lieu  thereof ,  the  words  “county  board  of  public  wel¬ 
fare”  so  that  said  section ,  as  amended ,  s/ia/Z  read  as  follows: 

Section  1329.  COUNTY  BOARDS  OF  PUBLIC  WEL¬ 
FARE-HOW  APPOINTED— TERM  OF  SERVICE.— In  each 
county  of  the  state  the  judge  of  the  circuit  court  may,  and  upon 
the  petition  of  fifteen  reputable  citizens  shall,  appoint  six  per¬ 
sons,  three  of  whom  shall  be  women,  and  not  more  than  three 
shall  have  the  same  political  affiliations,  who  shall  constitute  a 
county  board  of  public  welfare,  two  of  whom,  as  indicated  by 
the  appointing  judge,  upon  the  fixed  appointment,  shall  serve 
for  one  year,  two  for  two  years,  and  two  for  three  years,  and 
upon  the  expiration  of  the  term  of  each,  his  or  her  place  and 
that  of  his  or  her  successor  shall,  in  like  manner,  be  filled  for 
the  term  of  three  years,  who  shall  constitute  a  county  board  of 
public  welfare  for  the  inspection  of  all  corrective  institutions 
supported  by  such  county,  who  shall  serve  without  compensa¬ 
tion. 

Section  2.  That  section  1330  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be ,  and  the  same  is  hereby  repealed  and  a  new  sec¬ 
tion,  to  be  known  as  section  1330,  enacted  in  lieu  thereof,  as  follows: 

Section  1330.  ORGANIZATION  OF  BOARD— SECRE¬ 
TARY  TO  FILE  REPORT. — The  persons  appointed  as  mem¬ 
bers  of  the  county  board  of  public  welfare,  within  one  week 
after  receiving  notice  of  appointment,  shall  meet  at  some  con¬ 
venient  place,  and  organize  by  electing  a  chairman  from  their 
own  number.  In  counties  in  which  a  county  superintendent  of 
public  welfare  has  been  appointed,  said  officer  shall  act,  without 
salary,  as  secretary  of  the  county  board  of  public  welfare;  in 
counties  in  which  a  county  superintendent  of  public  welfare  has 
not  been  appointed,  the  board  shall  elect  a  secretary  from  their 
own  number.  The  secretary  shall  file  a  report  of  such  organ¬ 
ization  signed  by  him  or  herself,  and  by  the  said  chairman,  with 
the  clerk  of  the  circuit  court  of  the  county. 

Section  3.  That  section  1331  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  be  and  the  same  is  hereby  amended  by  striking  out  in 
the  first  and  second  lines  of  said  section  the  words  “ board  of  visit¬ 
ors, ,”  and  inserting,  in  lieu  thereof,  the  words  “county  board  of 
public  welfare,”  so  that  said  section  as  amended  shall  read  as 
ollows: 

Section  1331.  DUTIES  OF  BOARD. — It  shall  be  the  duty 
of  such  county  board  of  public  welfare,  by  personal  visitation 


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•  Report  of  the  Missouri 


146 


or  otherwise,  to  keep  themselves  fully  advised  of  the  conditions 
and  management  of  all  corrective  institutions,  supported  wholly 
or  in  part  by  county  or  municipal  taxation,  or  which  are  under 
county  or  municipal  control,  and  especially  the  county  jail, 
almshouses  and  municipal  prisons.  They  shall  examine  every 
department  of  each  institution,  and  shall  ascertain  its  condition 
as  to  effective  and  economical  administration,  the  cleanliness, 
discipline  and  comfort  of  its  inmates  and  other  respects,  and  at 
least  once  in  every  three  months  all  of  said  institutions  shall  be 
visited  by  said  board  or  a  committee  of  its  members.  In  case 
the  said  board  or  one  of  its  committees  shall  find  any  state  of 
things  in  any  institution,  which  in  their  opinion  shall  be  injuri¬ 
ous  to  the  county  or  to  the  inmates  of  the  institution,  or  which 
is  contrary  to  good  order  and  public  policy,  it  shall  be  their  duty 
to  address  a  memorial  to  the  county  court,  or  other  officials 
having  jurisdiction,  in  which  memorial  they  shall  set  forth  the 
facts  observed  and  shall  suggest  such  remedies  as  in  their  judg¬ 
ment  may  be  necessary. 

Section  4.  That  Section  1332  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be  and  the  same  is  hereby  amended  by  striking  out  in 
the  first ,  fifths  twelfth  and  thirteenth  lines  of  said  section  the  words 
“ board  of  county  visitors,”  and  inserting  in  lieu  thereof ,  in  each  of 
said  lines,  the  words  “county  board  of  public  welfare”  so  that 
said  section  as  amended  shall  read  as  follows: 

Section  1332.  BOARD  TO  MAKE  YEARLY  REPORT.— 
The  county  board  of  public  welfare  each  year  shall  prepare  a 
full  report  of  their  proceedings  during  the  year,  with  such  rec¬ 
ommendations  as  they  may  deem  advisable,  and  shall  file  the 
same  with  the  secretary  of  state  board  of  charities  on  or  before 
the  first  day  of  November  of  each  year.  Whenever  the  county 
board  of  public  welfare  shall  present  a  memorial  or  report  to  the 
county  court  or  to  the  judge  of  the  circuit  court,  they  shall,  at 
the  same  time,  transmit  a  copy  of  the  same  to  the  secretary  of 
the  state  board  of  charities  and  corrections,  and  they  may  at 
any  time  call  upon  the  secretary  or  members  of  the  state  board 
of  charities  and  corrections  for  advice  and  assistance  in  the  per¬ 
formance  of  their  duties.  The  secretary  of  the  state  board  of 
charities  and  corrections  shall  furnish  each  county  board  of  pub¬ 
lic  welfare  with  such  stationery,  blanks  and  postage  stamps  as 
said  county  board  of  public  welfare  may  need  to  make  the  re¬ 
port  prescribed  by  law  to  the  board  of  state  charities. 


46] 


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119 


III. 

SOCIAL  WELFARE  BOARDS  IN  CITIES  OF  SECOND 
AND  THIRD  CLASS. 

(Page  37,  Section  3.) 

An  act  to  create  social  welfare  boards  in  cities  of  the  second 
and  third  class ,  at  the  option  of  the  mayors  and  common  councils 
thereof ,  and  providing  for  their  government  and  operation . 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  SOCIAL  WELFARE  BOARDS,  CREATION  OF 
IN  CITIES  OF  SECOND  AND  THIRD  CLASS— POWER— 
TO  PROMOTE  GENERAL  WELFARE,  SUE  AND  BE  SUED 
—TO  HAVE  COMMON  SEAL— MAKE  RULES  AND  REGU¬ 
LATIONS. — In  all  cities,  of  the  second  and  third  class  in  this 
state  there  is  hereby  created  and  established,  at  the  option  of 
the  mayor  and  common  council  of  any  such  city,  a  board  which 

shall  be  styled  “The  Social  Welfare  Board  of  the  City  of - .” 

All  powers  and  duties  connected  with  and  incident  to  the  relief 
and  prevention  of  dependency,  relief  and  care  of  the  indigent, 
and  the  care  of  sick  dependents,  with  the  exception  of  the  in¬ 
sane  and  those  suffering  with  contagious,  infectious  and  trans¬ 
missible  diseases,  and  excepting  those  persons  who  may  be  ad¬ 
mitted  to  the  county  poorhouses  of  the  counties  in  which  such 
cities  are  located,  shall  be  exclusively  invested  in  and  exercised 
by  said  board.  Said  board  shall  have  power  to  receive  and  ex¬ 
pend  donations  for  social  welfare  purposes,  and  shall  have  ex¬ 
clusive  control  of  the  distribution  and  expenditure  of  any  public 
funds  set  aside  and  appropriated  by  such  cities  for  relief  of  the 
temporary  dependent.  Said  board  shall  have  power  to  sue  and 
be  sued,  complain  and  defend  in  all  courts,  to  assume  the  care 
of  or  take  by  gift,  grant,  devise,  bequest  or  otherwise,  any 
money,  real  estate,  personal  property,  right  of  property  or  other 
valuable  things,  and  may  use,  enjoy,  control,  sell  or  convey  the 
same  for  charitable  purposes,  to  have  and  to  use  a  common  seal 
and  alter  the  same  at  pleasure.  Said  board  may  make  by-laws 
for  its  own  guidance,  rules  and  regulations  for  the  government 
of  its  agents,  servants  and  employes,  and  for  the  distribution  of 
the  funds  under  its  control. 


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[46 


Section  2.  BOARD  —  POWERS  AND  DUTIES.— Said 
board  shall  have  power  to  make  all  suitable  provisions  for  the 
relief,  maintenance  and  support,  of  all  indigent  persons  within 
said  cities,  and  to  make  suitable  provisions  for  the  care  and 
maintenance  of  the  sick  dependents  and  those  who  are  unable 
to  support  themselves;  to  enforce  the  laws  of  the  state,  the  or¬ 
dinances  of  said  cities,  in  regard  to  the  indigent,  and  to  make 
such  rules  and  regulations  in  the  conduct  of  its  business  not  in¬ 
consistent  with  the  laws  of  the  state  of  Missouri,  and  the  ordi¬ 
nances  of  said  cities;  to  recommend  to  the  common  council  of 
said  cities  the  passage  of  such  ordinances  as  said  board  may 
deem  necessary  for  the  welfare  of  the  indigent  of  said  cities. 
The  board  shall  have  the  power  to  employ  and  discharge  all 
persons  or  officers  in  their  judgment  necessary  to  carry  on  the 
work  over  which  said  board  is  given  jurisdiction  or  control. 

Said  board  shall  further  have  power  to  enter  into  co-oper¬ 
ative  arrangement  with  federal,  state  or  county  agencies,  or  with 
charitable  and  philanthropic  associations  in  order  better  to  pro¬ 
mote  the  objects  of  its  work.  Said  board  may  act  as  agent  for 
the  County  Superintendent  of  Public  Welfare  within  the  limits 
of  the  city,  under  such  arrangements  as  may  be  made  jointly 
by  them. 

Section  3.  BOARD— TO  BE  COMPOSED  OF  WHOM— 
MEMBERS— HOW  MANY  AND  WHO— APPOINTMENT- 
TENURE  OF  OFFICE— TO  BE  NONPARTISAN  AND  NON¬ 
SECTARIAN— NO  COMPENSATION— VACANCIES— HOW 
FILLED. — Said  board  shall  be  nonpartisan  and  nonsectarian 
and  the  members  and  officers  thereof  shall  receive  no  compen¬ 
sation  as  such.  Said  board  shall  consist  of  the  mayor  of  such 
cities,  who  shall  be  ex  officio  a  member  thereof,  and  six  other 
members,  men  or  women,  who  shall  be  appointed  by  the  mayor 
and  the  common  council  of  such  cities,  who  shall  hold  office,  two 
for  one  year,  two  for  two  years,  and  two  for  three  years,  whose 
terms  of  of  fice  shall  be  designated  by  the  mayor.  Whenever  the 
term  of  office  of  any  member  so  appointed  expires,  the  appoint¬ 
ment  of  his  successor  shall  be  for  three  years.  All  such  appoint¬ 
ments  shall  date  from  the  first  of  June  following  their  appointment. 
Vacancies  from  any  causes  shall  be  filled  in  like  manner  as  orig¬ 
inal  appointment.  The  mayor  may,  for  misconduct  or  neglect 
of  duty,  remove  any  member  appointed  by  him  in  the  manner 
required  for  removal  of  officers  of  such  cities. 

Section  4.  BOARD— ORGANIZATION  OF.— Said  mem- 


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Children's  Code  Commission. 


121 


bers  shall,  immediately  after  their  appointment,  and  annually 
thereafter,  meet  and  organize  by  electing  out  of  their  number  a 
president,  vice-president,  treasurer  and  secretary.  All  subor¬ 
dinate  officers,  agents  and  employes  appointed  shall  give  such 
bonds  for  the  faithful  discharge  of  their  duties  as  may  be  re¬ 
quired  by  the  board. 

Section  5.  TREASURER— BOND  OF— DUTIES  OF.— 
All  moneys  received  or  appropriated  for  the  use  of  said  board 
shall  be  deposited  with  the  treasurer,  who  shall  give  good  and 
sufficient  bond  to  said  board  for  the  safe-keeping  and  proper 
expenditure  of  all  funds  placed  in  his  hands,  by  or  for  the  use  of 
said  board. 

Section  6.  BOARD— DUTIES  OF— RECORDS  AND  RE¬ 
PORTS. — It  shall  be  the  duty  of  said  board  to  keep  a  record  of 
its  proceedings  and  its  receipts,  expenditures  and  operations, 
and  to  annually  render  a  full  and  complete  itemized  report, 
stating  the  condition  of  their  trust,  together  with  such  other  mat¬ 
ters  as  they  may  deem  of  general  interest  to  the  mayor  and 
common  council  of  said  cities;  provided,  said  board  shall  ren¬ 
der  reports  concerning  receipts,  expenditures,  operations,  etc., 
whenever  called  for  by  the  common  council  of  said  cities. 

Section  7.  BOARD— DUTY  OF  AS  TO  APPLICANTS 
FOR  RELIEF. — It  shall  be  the  duty  of  said  board,  when  any 
person  by  himself,  or  another,  applies  for  relief  to  make  immedi¬ 
ate  inquiry  into  the  state  and  circumstances  of  the  applicant, 
and  if  it  shall  appear  that  he  or  she  is  in  such  indigent  circum¬ 
stances  as  to  require  temporary  relief,  the  said  board  shall  fur¬ 
nish,  out  of  the  funds  in  its  hands,  such  relief  as  the  circum¬ 
stances  of  the  case  may  require;  provided,  that  in  all  cases 
where  the  applicant  for  aid  may  be  found  dependent,  and  said 
applicant  or  member  of  said  applicant’s  family  is  an  able-bodied 
person,  said  board  shall  require  such  person  to  perform  work 
to  the  value  of  the  aid  given. 

Section  8.  POLICE  AND  HEALTH  OFFICERS  TO  AID 
SOCIAL  WELFARE  BOARDS.— It  shall  be  the  duty  of  the 
police  and  health  officers  of  said  cities  to  render  said  social  wel¬ 
fare  board,  its  officers  and  agents,  such  aid  as  may  be  requested 
of  them,  or  either  of  them,  whenever  such  aid  requested  shall 
reasonably  come  within  their  duties. 


122 


Report  of  the  Missouri 


146 


IV. 


STATE  BOARD  OF  CHARITIES  MAY  CLOSE  INSTITU¬ 
TIONS  FOUND  TO  BE  UNFIT. 

An  act  to  amend  Section  1317  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  by  inserting  in  the  third  to  last  line,  between  the  words 
“ deposition ”  and  “a”  the  following:  “ And  after  such  investiga¬ 
tion  the  board  may  order  such  institution  closed,  if  found  by 
the  board  to  be  not  properly  performing  the  functions  for  which 
it  was  created.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Section  1317,  Revised  Statutes  of  Missouri 
of  1909  be,  and  the  same  is  hereby  amended  by  inserting  in  the 
third  to  last  line,  between  the  words  “ deposition ”  and  the  word“a”  the 
words  “And  after  such  investigation  the  board  may  order  such 
institution  closed,  if  found  by  the  board  to  be  not  properly  per¬ 
forming  the  functions  for  which  it  was  created”,  so  that  said  sec¬ 
tion,  when  so  amended,  shall  read  as  follows: 

Section  1317.  MEETINGS— POWERS  AND  DUTIES  OF 
BOARD— INFORMATION  FROM  INSTITUTIONS  TO  BE 
FURNISHED— BOARD  MAY  INVESTIGATE  THE  MAN¬ 
AGEMENT  OF  INSTITUTIONS— REPORTS.— The  commis¬ 
sioner  of  the  permanent  seat  of  government  shall  provide  for 
the  use  of  said  board  suitably  furnished  rooms  in  which  regular 
meetings  shall  be  held  quarterly,  but  adjourned,  special  or 
called  meetings  may  be  held  at  such  times  and  at  such  places 
within  the  state  as  said  board  in  its  discretion  may  deem  nec¬ 
essary.  Said  board  for  the  regulation  of  its  own  proceedings 
shall  adopt  and  enforce  such  rules  and  orders  as  are  necessary  to 
carry  into  effect  the  purposes  for  which  this  board  is  created. 
Said  board  shall  have  the  power,  and  it  is  hereby  made  its  duty, 
to  investigate  the  whole  system  of  public  charities  and  correc¬ 
tions;  to  examine  into  the  condition  and  management  of  all 
prisons,  jails,  almshouses,  reformatories,  reform  and  industrial 
schools,  hospitals,  infirmaries,  dispensaries,  orphanages  and  all 
public  and  private  retreats  and  asylums  which  derive  their  sup¬ 
port  wholly  or  in  part  from  the  state,  or  from  any  county  or  mu¬ 
nicipality  within  the  state;  and  the  officers  of  the  various  insti- 


51 


Children's  Code  Commission. 


123 


utions  named  herein,  when  so  requested  in  writing,  without  un- 
tecessary  delay,  shall  furnish  to  the  board  such  information  as 
nay  be  demanded.  The  board  may  prescribe  such  forms  as  it 
nay  deem  necessary  to  secure  uniformity  and  accuracy  in  the 
tatements  made  by  the  several  institutions  reporting.  The 
>oard  in  its  discretion,  or  upon  the  official  request  of  the  governor 
>r  of  the  General  Assembly,  may  at  any  time  make  an  investi¬ 
gation  by  the  whole  board,  or  by  a  committee  thereof,  of  the 
:ondition  and  management  of  any  institution  under  its  charge, 
md  the  said  board  or  its  committee  shall  have  the  power  by  its 
presiding  officer  to  summon  any  person  to  appear  and  produce 
,uch  books  and  papers  as  may  be  designated  in  the  summons, 
ind  to  give  testimony,  under  oath,  concerning  the  matter  or 
nstitution  under  investigation.  The  presiding  officer  of  the 
ooard  or  its  committee  shall  have  the  same  power  to  administer 
>aths  and  to  enforce  these  provisions  that  are  given  to  notaries 
Dublic  when  they  are  taking  depositions.  And  after  such  in¬ 
vestigation  the  board  may  order  such  institution  closed,  if 
bund  by  the  board  to  be  not  properly  performing  the  functions 
or  which  it  was  created.  A  full  report  of  such  investigation, 
including  the  testimony,  shall  be  made  to  the  governor  and  may 
oe  transmitted  by  him  with  suggestions  to  the  General  As¬ 
sembly. 

V. 

INSTITUTIONAL  CARE  FOR  COLORED  CHILDREN. 

(Page  37,  Section  4.) 

An  act  to  amend  Article  1  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  relating  to  the  State  Board  of  Charities 
land  Corrections ,  by  adding  a  new  section  to  be  known  as  Section 
1317 -a. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  1  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909  be,  and  the  same  is  hereby  amended  by 
adding  thereto  a  new  section  to  be  known  as  Section  1317-a,  which 
shall  read  as  follows: 

Section  1317-a.  ACCOMMODATION  FOR  NEGROES 
IN  STATE  AND  COUNTY  INSTITUTIONS.  —  The  Board 

shall  see  to  it  that  proper  accommodations  are  made  for  depend- 

\w 

1 


124 


Report  of  the  Missouri 


]46 


ent,  defective  and  delinquent  negroes  in  separate  quarters  in 
all  established  state  and  county  institutions,  and  it  shall  be  the 
of  the  duty  boards  and  officials  in  charge  of  all  state  and  county 
institutions  to  make  such  special  provisions  for  negro  inmates, 
except  where  the  state  or  county  has  made  other  provision  in  a 
separate  institution  for  negroes. 


LAWS  RELATING  TO  CARE  AND  TREATMENT 
OF  DELINQUENT  CHILDREN. 


Discussion  of  these  recommendations  appears 
in  Chapter  IV,  page  41. 


(125) 


46] 


Children's  Code  Commission. 


127 


CHAPTER  IV. 


LAWS  RELATING  TO  CARE  AND  TREATMENT  OF 
DELINQUENT  CHILDREN. 

1.  TREATMENT  OF  ADULTS  CONTRIBUTING  TO 

DELINQUENCY  OR  NEGLECT  OF  CHILDREN. 

2.  RELATING  TO  COMMITMENTS  TO  MISSOURI 

REFORMATORY  AND  MISSOURI  TRAINING 
SCHOOL  FOR  BOYS. 

3.  RELATING  TO  COMMITMENTS  TO  INDUSTRIAL 

HOME  FOR  GIRLS. 

4.  RELATING  TO  COMMITMENTS  TO  INDUSTRIAL 

HOME  FOR  NEGRO  GIRLS. 

5.  SEPARATING  THE  TRAINING  SCHOOL  FOR  BOYS 

FROM  THE  REFORMATORY. 

6.  APPOINTMENT  OF  PROBATION  OFFICERS  IN 

THE  CRIMINAL  COURTS. 

7.  TREATMENT  OF  INCORRIGIBLE  MINORS  OVER 

JUVENILE  COURT  AGE. 

8.  REPEALING  CONFLICTING  STATUTE. 

9.  REPEALING  CONFLICTING  STATUTE. 

10.  REPEALING  OBSOLETE  STATUTE. 


I. 

TREATMENT  OF  ADULTS  CONTRIBUTING  TO  DE¬ 
LINQUENCY  OR  NEGLECT  OF  CHILDREN. 

(Page  42,  Section  1.) 

\ 

An  act  to  amend  Article  4  of  Chapter  36  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  by  repealing  Section  4491 
of  said  article  and  enacting  a  new  section  in  lieu  thereof  to  be 
known  as  Section  4491;  and  by  adding  three  new  sections  to  said 
Article  4  of  Chapter  36  to  be  known  as  Sections  449 1-a,  4491  -b 
and  4491-c. 


BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  4  of  Chapter  36  of  the  Revised  Stat- 


128 


[46 


Report  of  the  Missouri 

utes  of  the  State  of  Missouri  of  1909,  be,  and  the  same  is  hereby 
amended  as  follows : 

Section  2.  Section  4491  of  the  Revised  Statutes  of  the  State 
of  Missouri  of  1909  is  hereby  repealed  and  a  new  section,  to  be 
known  as  Section  4491,  is  hereby  enacted  in  lieu  thereof,  as  follows: 

Section  4491.  CONTRIBUTING  TO  CONDITIONS  THAT 
MAKE  A  CHILD  NEGLECTED  OR  DELINQUENT.— Any 
person  who  shall  knowingly  or  willfully  do  any  act  or  acts  that 
directly  produce,  promote  or  contribute  to  conditions  which  ren¬ 
der  any  child  under  the  age  of  majority  neglected  or  delinquent, 
or  who  willfully  neglects  to  do  that  which  will  directly  tend  to 
prevent  such  state  of  neglect  or  delinquency,  and  any  person, 
having  the  custody  of  a  child,  who  shall  cause  or  knowingly  per¬ 
mit  such  child  to  work  in  violation  of  the  child  labor  laws  of  this 
state,  and  any  one  who  so  employs  a  child,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars  ($100),  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  by  both  such  fine  and  imprison¬ 
ment.  Provided,  that,  instead  of  imposing  the  punishment 
hereinbefore  provided,  the  court  shall  have  power  to  enter  an 
order  suspending  sentence  and  releasing  the  defendant  from 
custody  on  probation  for  the  space  of  one  year,  upon  his  or  her 
entering  into  a  recognizance,  with  or  without  sureties  in  such 
sum  as  the  court  may  direct;  the  conditions  of  the  recognizance 
to  be  that,  if  the  defendant  shall  make  his  or  her  personal  ap¬ 
pearance  in  court  whenever  ordered  so  to  do,  within  a  year, 
and  shall  provide  and  care  for  such  neglected  or  delinquent 
child  in  such  manner  as  to  prevent  a  continuance  or  repetition 
of  such  state  of  neglect  or  delinquency,  or  as  otherwise  may  be 
directed,  and  shall  further  comply  with  the  terms  of  such  order, 
then  the  recognizance  shall  be  void,  otherwise  it  shall  remain 
in  full  force  and  effect.  If  the  court  be  satisfied  by  information 
or  due  proof  that  at  any  time  during  the  year  the  defendant  has. 
violated  the  terms  of  such  order,  it  may  forthwith  revoke  such 
order  and  sentence  him  or  her  under  the  original  conviction. 

Section  3.  Three  new  sections  are  hereby  enacted,  to  be 
known  as  Sections  4491 -a,  4491  -b  and  449 1-c,  as  follows : 

Section  4491-a.  TRIAL  BY  JURY. — In  trials  under  Sec¬ 
tion  4491  the  persons  proceeded  against  shall  have  the  right  to 
trial  by  jury,  which  shall  be  granted  unless  waived. 

Section  4491-b.  JURISDICTION. — The  circuit  courts  of 
the  several  counties  of  the  state,  acting  as  juvenile  courts,  shall 


Children's  Code  Commission. 


129 


t6] 


have  exclusive  jurisdiction  of  all  cases  coming  within  the  provi¬ 
sions  of  Section  4491. 

Section  4491-c.  LIEERAL  CONSTRUCTION.— Section 
4491  shall  he  liberally  construed  in  favor  of  the  state,  for  the 
purpose  of  the  protection  of  the  persons  therein  named  from 
neglect  or  omission  of  duty  toward  them  by  any  person  or  per¬ 
sons,  and  further,  to  protect  the  children  therein  named  from  the 
effects  of  the  improper  conduct  or  acts  of  any  persons  which  may 
cause ,  encourage  or  contribute  to  the  neglect  or  delinquency  of  such 
children,  although  such  person  is  in  no  way  related  to  such 
children. 

Section  4.  All  acts  or  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


II. 

RELATING  TO  COMMITMENTS  TO  MISSOURI  RE¬ 
FORMATORY  AND  MISSOURI  TRAINING 
SCHOOL  FOR  ROYS. 

(Page  42,  Section  2.) 

An  ad  to  repeal  Sections  22,  23,  26  and  33  of  an  act  entitled 
“ Charities  and  Corrections :  Penitentiary ,  Missouri  Training 
School  for  Boys ,  Industrial  Home  for  Girls  and  Industrial  Home 
for  Negro  Girls ”,  as  it  is  set  out  in  the  Laws  of  Missouri ,  1917, 
commencing  at  page  155,  and  to  enact  four  new  sections  in  lieu 
thereof ,  to  be  known  as  Sections  22,  23,  26  and  33  of  said  act. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Sections  22,  23,  26  and  33  of  an  act  of  the 
General  Assembly  of  the  State  of  Missouri ,  entitled  “ Charities  and 
Corrections:  Penitentiary ,  Missouri  Training  School  for  Boys , 
Industrial  Home  for  Girls  and  Industrial  Home  for  Negro  Girls ”, 
as  they  appear  in  Laws  of  Missouri ,  1917,  commencing  at  page 
155,  be,  and  the  same  are  hereby  repealed  and  new  sections,  to  be 
known  as  Sections  22,  23,  26  and  33  of  said  act,  are  hereby  en¬ 
acted  in  lieu  of  said  repealed  sections ,  as  follows: 

Section  22.  PERSONS  UNDER  17  YEARS  —  HOW 
TREATED. — Any  person  under  the  age  of  seventeen  years, 
convicted  of  a  crime,  the  punishment  of  which,  under  the  stat¬ 
utes  of  this  state,  when  committed  by  persons  over  the  age  of 


46—9 


130 


Report  of  the  Missouri 


14. 


seventeen  years,  is  death  or  imprisonment  in  the  penitentiary 
for  a  term  of  not  less  than  ten  years,  may  be  punished  in  the 
same  manner  and  to  the  same  extent  as  provided  by  the  stat¬ 
utes  for  the  punishment  of  persons  over  the  age  of  seventeen, 
or,  if  a  boy,  he  may  be  imprisoned  in  the  penitentiary  or  com¬ 
mitted  to  the  Missouri  reformatory,  or  Missouri  training  school 
for  boys;  and  any  boy  under  the  age  of  seventeen  years  con¬ 
victed  of  any  other  felony,  either  upon  a  plea  of  guilty  or  upon 
trial,  may  be  committed  to  the  Missouri  reformatory  or  Mis¬ 


souri  training  school  for  boys.  Any  boy  under  the  age  of  seven¬ 
teen  years  convicted  of  a  misdemeanor,  in  any  court  of  record, 
either  upon  a  plea  of  guilty  or  upon  trial,  may,  in  the  discretion 
of  the  court,  be  committed  to  the  Missouri  reformatory,  or  Mis¬ 


souri  training  school  for  boys.  No  boy  under  seventeen  years 
of  age  convicted  of  a  felony  shall  hereafter  be  committed  to  the 
county  jail  as  a  punishment  for  such  offense.  Any  court  having 
criminal  jurisdiction,  in  which  any  male  person,  between  seven¬ 
teen  and  thirty  years  of  age,  shall,  upon  a  plea  of  guilty,  or  by 
the  verdict  of  a  jury,  be  convicted  of  a  felony  and  his  punishment 
assessed  at  imprisonment  in  the  penitentiary,  may,  in  its  discre¬ 
tion,  at  the  same  term  at  which  such  plea  of  guilty  is  entered  or 
conviction  occurs,  and  before  such  person  is  transferred  to  the 
penitentiary,  commute  the  punishment  to  confinement  in  the 
Missouri  reformatory  for  such  term  as  the  court  may  deem 
proper,  but  not  for  a  longer  time  than  that  fixed  in  the  sentence 
to  the  penitentiary;  but  such  court  shall  first  ascertain  and  de¬ 
termine  that  said  conviction  or  plea  of  guilty  is  for  the  first  of¬ 
fense,  and  that  the  previous  conduct,  habits  and  associations 
of  the  person  so  convicted  warrant  such  commutation.  All 
commitments  of  boys  under  the  age  of  seventeen  to  the  Mis¬ 
souri  reformatory,  the  Missouri  training  school  or  the  peniten¬ 
tiary  shall  be  made  by  the  juvenile  division  of  the  circuit  court. 

Section  23.  GOVERNOR  MAY  COMMUTE— WHEN.— 
The  governor  shall  have  power  to  commute  the  punishment  of 
any  person  under  thirty  years  of  age  who  may  heretofore  have 
been,  or  who  may  hereafter  be  sentenced  to  the  penitentiary, 
that  he  may  deem  suitable  to  be  sent  to  the  Missouri  reforma¬ 
tory,  to  commitment  in  said  reformatory  for  such  term  as  he 
may  think  proper,  not  exceeding  the  time  for  which  said  person 
may  have  been  or  may  be  sentenced  to  the  penitentiary.  If  any 
person  between  the  ages  of  seventeen  and  thirty  years  who  shall 
have  been  sentenced  to  confinement  in  the  penitentiary,  and 


46] 


Children's  Code  Commission . 


131 


whose  punishment  shall  have  been  thereafter  commuted  by 
the  governor,  or  by  any  court  of  criminal  jurisdiction,  as  here¬ 
tofore  provided  in  this  act,  to  confinement  in  the  reform¬ 
atory,  shall  be  found  to  be  incorrigible  and  not  amenable  to 
reformation  by  reason  of  the  opportunities  and  advantages  af¬ 
forded  him  in  such  reformatory,  the  governor  may  annul,  cancel 
and  revoke  the  commutation  granted  such  person  and  order  and 
direct  the  said  board  to  transfer  such  person  to  the  state  peni¬ 
tentiary  where  the  said  board  shall  confine  him  until  he  shall 
have  served  the  remainder  of  the  sentence  in  accordance  with 
the  terms  of  the  original  judgment  against  him  which  had  not 
been  served  upon  the  date  of  the  commutation  of  said  sentence 
to  confinement  in  such  reformatory. 

Section  26.  NEGLECTED,  DEPENDENT,  IDIOTIC,  IN¬ 
SANE  OR  CONTAGIOUS  DISEASED  PERSONS.— No  per¬ 
son  who  is  neglected  or  dependent  or  who  is  idiotic  or  insane,  or 
who  has  any  contagious  disease,  shall  be  committed  to  or  re¬ 
ceived  by  the  superintendent  into  said  Missouri  reformatory  or 
Missouri  training  school  for  boys. 

Section  33.  EXPENSES  PAID  BY  COUNTY  IN  CER¬ 
TAIN  CASES. — When  any  boy  under  seventeen  years  of  age 
shall  be  committed  to  said  reformatory  or  said  training  school 
by  any  court  having  competent  jurisdiction,  upon  conviction  of 
any  felony  or  misdemeanor,  or  when  the  governor,  except  as 
hereinafter  provided,  shall  commute  the  sentence  of  any  per¬ 
son  from  imprisonment  in  the  penitentiary  to  commitment  to 
the  reformatory,  the  expenses  of  the  maintenance  of  said  boy, 
as  provided  in  the  foregoing  section,  shall  be  paid  by  the  county 
in  which  he  was  convicted.  The  clerk  of  the  court  in  which  the 
conviction  is  had  shall  certify  the  judgment  of  conviction  to  the 
county  court  of  said  county,  and  the  governor  shall  cause  to  be 
certified  to  said  county  court  any  commutation  made  by  him. 
The  board  shall  cause  to  be  filed  with  the  said  court  a  certificate 
showing  the  date  when  such  boy  was  received  into  said  institu¬ 
tion,  and  the  support  of  said  boy,  at  the  rate  and  in  the  manner 
stated  in  the  foregoing  section,  shall  be  paid  by  said  county 
upon  an  account  presented  by  the  secretary  of  said  board  to 
said  county  court:  Provided,  that  all  payments  for  the  sup¬ 
port  of  persons  chargeable  to  a  county  shall  be  paid  by  such 
county  in  cash,  and  for  that  purpose  the  county  court  is  author¬ 
ized  to  discount  its  warrants,  but  the  Missouri  reformatory  or 
Missouri  training  school  for  boys  shall  not  receive  any  county 


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.[4 


warrants  for  the  maintenance  and  support  of  any  person  com¬ 
mitted  to  such  institution.  When  any  person  between  seven¬ 
teen  and  thirty  years  of  age  shall  be  committed  by  a  court  hav¬ 
ing  competent  jurisdiction,  to  confinement  in  said  reformatory 
or  said  training  school,  or  is  transferred  from  the  penitentiary 
to  said  reformatory  by  order  of  the  governor,  the  support  of  such 
person  shall  be  paid  by  the  state  out  of  money  appropriated  for 
that  purpose,  and  the  auditor  shall  draw  his  warrant  therefor  in 
favor  of  the  state  prison  board  quarterly  upon  requisitions  filed 
with  him  by  the  secretary  of  said  board,  and  provided  further, 
that  if  it  shall  be  shown  to  the  court  before  which  the  conviction 
is  had,  that  any  person  committed  to  said  reformatory,  or  said 
training  school,  has  an  estate  sufficient  to  maintain  him  at  said 
institution,  judgment  shall  be  entered  against  him  for  his  main¬ 
tenance  while  confined  in  said  institution;  but  if  such  person 
is  under  twenty-one  years  of  age,  such  judgment  shall  be 
against  his  guardian,  curator  or  other  person  having  possession 
of  his  estate ;  and  it  shall  be  the  duty  of  the  guardian,  curator  or 
other  person  having  possession  of  his  estate,  to  pay  to  the  state 
prison  board,  quarterly  in  advance,  the  amounts  hereinbefore, 
provided  for  his  support  in  said  institution. 

Section  2.  All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 


III. 

RELATING  TO  COMMITMENTS  TO  INDUSTRIAL 
HOME  FOR  GIRLS. 

(Page  43,  Section  3.) 

An  act  to  repeal  Section  39  of  an  act  entitled  “ Charities  and 
Corrections:  Penitentiary ,  Missouri  Training  School  for  Boys , 
Industrial  Home  for  Girls  and  Industrial  Home  for  Negro  Girls ” 
as  it  appears  in  Laws  of  Missouri ,  1917 ,  commencing  at  page  155 , 
and  to  enact  a  new  section  in  lieu  thereof,  to  be  known  as  Section 
39  of  said  act;  also  to  amend  Section  40  of  said  act  by  striking  out 
the  word  “ twenty ”  following  the  word  “to”  and  preceding  the  word 
“years”  in  line  8  of  said  section,  and  inserting  in  lieu  thereof  the 
words  “twenty-one”;  also  to  amend  Section  42  of  said  act  by  in¬ 
serting  in  line  2  of  said  section,  after  the  word  “any”  and  preced¬ 
ing  the  word  “girl”,  the  words  “neglected  or  dependent”,  and  by 
inserting  in  line  2  of  said  section,  after  the  word  “institution”  and 


Children's  Code  Commission. 


133 


oreceding  the  word  “who”,  the  words  “or  any  girl”;  also  to  repeal 
Section  49  of  said  act  and  to  enact  a  new  section  in  lieu  thereof  to 
be  known  as  Section  49. 


BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  39  of  an  act  entitled  “ Charities  and 
Corrections :  Penitentiary ,  Missouri  Training  School  for  Boys , 
Industrial  Home  for  Girls  and  Industrial  Home  for  Negro  Girls ”, 
as  it  appears  in  Laws  of  Missouri ,  1917,  commencing  at  page  155, 
be,  and  the  same  is  hereby  repealed  and  a  new  section ,  to  be  known 
as  Section  39  of  said  act ,  is  hereby  enacted  in  lieu  thereof,  as  follows: 

Section  39.  GIRLS  OVER  7  AND  UNDER  21.— All  com¬ 
mitments  to  the  industrial  home  for  girls,  of  girls  over  the  age 
of  seven  and  under  the  age  of  seventeen,  shall  be  made  by  the 
juvenile  division  of  the  circuit  court.  Every  girl  over  the  age  of 
seven  years  and  under  the  age  of  twenty-one  years,  who  shall 
beconvicted  of  any  offense  not  punishable  with  death  or  imprison¬ 
ment  for  life,  or  whose  associations  are  immoral  or  criminal,  or 
bad  and  vicious,  or  who  is  incorrigible  to  such  an  extent  that 
she  cannot  be  controlled  by  her  parents  or  guardian  in  whose 
custody  she  may  be,  may  be  sentenced  to  said  industrial  home 
until  she  shall  reach  the  age  of  twenty-one  years,  if  the  court 
or  magistrate  before  whom  such  conviction  shall  be  had  deems 
the  girl  so  convicted  a  fit  subject  to  be  committed  to  said  home, 
and  the  age  of  the  girl  so  committed  to  be  endorsed  on  the 
commitment. 

Section  2.  That  Section  40  of  said,  above  described  act,  be 
and  the  same  is  hereby  amended  by  striking  out  the  word  “ twenty ” 
following  the  word  “to”  and  preceding  the  word  “years”  in  line  8 
of  said  section  and  inserting  in  lieu  thereof  the  words  “twenty-one”, 
so  that  said  section,  as  amended,  will  read  as  follows : 

Section  40.  BOARD  TO  ADOPT  SYSTEM  OF  GOVERN¬ 
MENT. — Said  board  shall  prepare,  systematize  and  adopt  a 
system  of  government  for  said  industrial  home,  embracing  all 
such  rules  and  regulations  and  general  laws  as  may  be  deemed  * 
necessary  for  preserving  order  and  enforcing  discipline,  for  im¬ 
parting  instruction,  for  preserving  health,  and  for  the  proper 
physical,  intellectual  and  moral  training  of  the  inmates.  Said 
home  shall  be  conducted  on  the  family  or  cottage  plan,  for  girls 
from  seven  to  twenty-one  years  of  age,  in  which  there  must  be 
thorough  systematic  teaching  of  all  domestic  industries,  which 


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146 


i 

industries  shall  take  precedence  of  trades,  and  be  a  thorough 
education  in  every  branch  of  household  work.  All  the  officials 
and  help  for  the  internal  management  shall  be  women,  unless 
otherwise  ordered  by  the  board. 

Section  3.  That  Section  42  of  said  act  be  and  the  same  is 
hereby  amended  by  inserting  in  line  2  thereof  after  the  word  “any” 
and  preceding  the  word  “girl”,  the  words  “neglected  or  depend¬ 
ent”,  and  by  inserting  in  said  line  2  of  said  section,  after  the  word 
“institution”  and  preceding  the  word  “who”,  the  words  “or  any 
girl”,  so  that  said  section  as  amended  shall  read  as  follows : 

Section  42.  NOT  TO  RECEIVE  INSANE  PERSONS, 
ETC. — No  court  or  magistrate  shall  sentence  any  neglected  or 
dependent  girl  to  said  institution,  or  any  girl  who  is  insane  or 
idiotic,  or  afflicted  with  an  incurable  disease  or  enceinte,  or  who 
is  so  incorrigible  that  in  the  opinion  of  the  officer  sentencing 
her,  there  is  not  a  fair  possibility  of  her  reformation. 

Section  4.  That  Section  49  of  said  act,  be  and  the  same  is 
hereby  repealed  and  a  new  section  enacted  in  lieu  thereof  to  be 
known  as  Section  49  of  said  act,  reading  as  follows: 

Section  49.  WOMEN  ATTENDANTS.— The  circuit  court 
of  each  county  shall  appoint  women  attendants  to  take  to  said 
industrial  home  for  girls  all  girls  committed  to  said  home  by 
the  court.  The  same  fees  that  are  now  allowed  by  law  for  con¬ 
veying  prisoners  to  the  penitentiary  shall  be  allowed  to  the  said 
women  attendants  of  the  several  counties  of  this  state  for  the 
service  of  taking  to  said  industrial  home  such  girls  as  may  be 
committed  there,  and  such  fees  shall  be  paid  by  the  state  in  the 
same  manner  as  now  provided  by  law  in  Section  10702,  Chapter 
104,  Revised  Statutes  of  Missouri,  1909. 

Section  5.  All  acts  or  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


IV. 

RELATING  TO  COMMITMENTS  TO  INDUSTRIAL 
HOME  FOR  NEGRO  GIRLS. 

(Page  43,  Section  4.) 

An  act  to  repeal  Section  55  of  an  act  entitled  “Charities  and 
Corrections:  Penitentiary ,  Missouri  Training  School  for  Boys, 
Industrial  Home  for  Girls  and  Industrial  Home  for  Negro  Girls”, 
as  it  appears  in  Laws  of  Missouri,  1917,  commencing  at  page  155, 
and  to  enact  a  new  section  in  lieu  thereof  to  be  known  as  Section 


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Children's  Code  Commission. 


135 


55;  also  to  amend  Section  56,  of  said  ad,  by  inserting  in  line  2 
thereof ,  following  the  word  “any”  and  preceding  the  word  “negro”, 
the  words  “neglected  or  dependent”,  and  by  inserting  in  said 
line  2,  following  the  word  “institution”  and  preceding  the  word 
“who,”  the  words  “or  any  girl”;  also  to  repeal  Section  63,  of  said 
act,  and  to  enact  a  new  section  in  lieu  thereof  to  be  known  as  Sec¬ 
tion  63  of  said  act. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Section  55  of  an  act  entitled  “ Charities  and 
Corrections:  Penitentiary,  Missouri  Training  School  for  Boys, 
Industrial  Home  for  Girls  and  Industrial  Home  for  Negro  Girls” 
as  it  appears  in  Laws  of  Missouri,  1917,  commencing  at  page  155, 
be  and  the ,  same  is  hereby  repealed  and  a  new  section  is  hereby  en¬ 
acted  in  lieu  thereof  to  be  known  as  Section  55,  of  said  act,  reading 
as  follows: 

Section  55.  NEGRO  GIRLS  OVER  7  AND  UNDER  21.— 
All  commitments  to  the  industrial  home  for  negro  girls,  of  negro 
girls  over  the  age  of  seven  and  under  the  age  of  seventeen  shall 
be  made  by  the  juvenile  division  of  the  circuit  court.  Every 
negro  girl  over  the  age  of  seven  years  and  under  the  age 
of  twenty-one  years,  who  shall  be  convicted  of  any  offense  not 
punishable  with  death  or  imprisonment  for  life,  or  whose  asso¬ 
ciations  are  immoral  or  criminal,  or  bad  and  vicious,  or  who  is 
incorrigible  to  such  an  extent  that  she  cannot  be  controlled  by 
her  parents  or  guardian  in  whose  custody  she  may  be,  may  be 
sentenced  to  said  industrial  home  until  she  shall  reach  the  age 
of  twenty-one  years,  if  the  court  or  magistrate  before  whom 
such  conviction  shall  be  had  deems  the  girl  so  convicted  a  fit 
subject  to  be  committed  to  said  home,  and  the  age  of  the  girl 
so  committed  to  be  endorsed  on  the  commitment. 

Section  2.  That  Section  56  of  said  act,  be  and  the  same  is 
hereby  amended  by  inserting  in  line  2  thereof,  after  the  word  “any” 
and  preceding  the  word  “negro”,  the  words  “neglected  or  depend¬ 
ent”,  and  by  inserting  in  said  line  2,  after  the  word  “institution” 
and  preceding  the  word  “who”  the  words  “or  any  girl”,  so  that 
said  section,  as  amended,  shall  read  as  follows: 

Section  56.  NOT  TO  RECEIVE  INSANE  PERSONS, 
ETC. — No  court  or  magistrate  shall  sentence  any  neglected  or 
dependent  negro  girl  to  said  institution,  or  any  girl  who  is  in¬ 
sane  or  idiotic,  or  afflicted  with  an  incurable  disease,  or  enceinte. 


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[46 


or  who  is  so  incorrigible  that  in  the  opinion  of  the  officer  sen¬ 
tencing  her,  there  is  not  a  fair  probability  of  her  reformation. 

Section  3.  That  Section  63  of  said  act,  be  and  the  same  is 
hereby  repealed  and  a  new  section  is  hereby  enacted  in  lieu  thereof 
to  be  known  as  Section  63  of  said  act,  reading  as  follows: 

Section  63.  WOMEN  ATTENDANT  3. — The  circuit  court 
of  each  county  shall  appoint  women  attendants  to  take  to  said 
industrial  home  for  negro  girls  all  negro  girls  committed  to  said 
home,  by  the  court.  The  same  fees  that  are  now  allowed  by 
law  for  conveying  prisoners  to  the  penitentiary  shall  be  allowed 
to  the  said  women  attendants  of  the  several  counties  of  this 
state  for  the  service  of  taking  to  said  industrial  home  such  girls 
as  may  be  committed  there,  and  such  fees  shall  be  paid  by  the 
state  in  the  same  manner  as  now  provided  by  law  in  Section 
10702,  Chapter  104,  Revised  Statutes  of  Missouri,  1909. 

Section  4.  All  acts  or  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


V. 

SEPARATING  THE  TRAINING  SCHOOL  FOR  BOYS 
FROM  THE  REFORMATORY. 

(Page  44,  Section  5.) 

An  act  to  repeal  Sections  17,  18,  19,  20,  21,  27,  28,  29,  30,  31, 
32,  34  and  35,  of  an  act  entitled  “ Charities  and  Corrections :  Pen¬ 
itentiary,  Missouri  Training  School  for  Boys,  Industrial  Home 
for  Girls  and  Industrial  Home  for  Negro  Girls ”,  as  it  appears  in 
Laws  of  Missouri,  1917,  commencing  at  page  155,  and  to  enact 
new  sections  in  lieu  thereof  to  be  known  as  sections  17,  17- A,  18, 
19,  20,  21,  27,  28,  29,  30,  31,  32,  34  and  35,  of  said  act 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI  AS  FOLLOWS: 

Section  1.  That  Sections  17,  18,  19,  20,  21,  27,  28,  29,  30, 
31,  32,  34  and  35,  of  an  act  entitled  “ Charities  and  Corrections : 
Penitentiary,  Missouri  Training  School  for  Boys,  Industrial 
Home  for  Girls  and  Industrial  Home  for  Negro  Girls' ’,  as  it  ap¬ 
pears  in  Laws  of  Missouri,  1917,  commencing  at  page  155,  be  and 
the  same  are  hereby  repealed,  and  new  sections  to  be  known  as 
Sections  17,  17A-,  18,  19,  20,  21,  27,  28,  29,  30,  31,  32,  34  and 
35,  of  said  act,  are  hereby  enacted  in  lieu  thereof,  as  follows: 


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Children's  Code  Commission. 


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Section  17.  The  institution  heretofore  known  as  the  “Mis¬ 
souri  Training  School  for  Boys”,  located  at  Boonville,  Missouri, 
shall  continue  to  be  maintained  and  shall  hereafter  be  desig¬ 
nated  as  “Missouri  Training  School.”  Younger  and  less  hard¬ 
ened  offenders  shall  be  sent  to  the  Missouri  Training  School. 

Section  17-A.  The  institution  heretofore  known  as  the 
“Missouri  Reform  School  for  Boys,”  located  at  Boonville,  Mis¬ 
souri,  shall  continue  to  be  maintained  and  shall  hereafter  be 
designated  as  the  “Missouri  Reformatory.”  Older  and  more 
hardened  offenders  shall  be  sent  to  the  Missouri  Reformatory. 

Section  18.  The  state  prison  board  shall  have  full  control 
and  management  of  both  the  Missouri  training  school  and  the 
Missouri  reformatory,  which  it  shall  hereafter  conduct  as  en¬ 
tirely  separate  and  distinct  institutions.  The  prison  board  shall, 
from  time  to  time,  adopt  such  separate  and  distinct  by-laws, 
rules  and  regulations,  not  inconsistent  with  law,  as  may  be 
deemed  best  for  the  management  of  each  of  said  two  institu¬ 
tions.  Said  board  shall  elect  a  superintendent  for  each  of  said 
institutions,  and  such  other  officers  and  employes  as  may  be 
necessary  for  properly  conducting  each  of  said  institutions,  who 
shall  hold  their  offices  during  the  pleasure  of  the  board,  and  shall 
fix  the  salaries  of  said  officers  and  employes,  which  shall  be 
paid  monthly.  Officers  or  employes  of  one  of  said  institutions 
shall  not  be  officers  or  employes  of  the  other  of  said  institutions, 
or  be  in  any  way,  directly  or  indirectly,  connected  therewith. 

Section  19.  SUPERINTENDENTS  —  OATH  —  BOND.— 
Under  the  control  of  said  board  the  superintendent  of  the  re¬ 
formatory  shall  be  the  chief  executive  officer  of  that  institution, 
and  the  superintendent  of  the  training  school  shall  be  the  chief 
executive  officer  of  that  institution,  and  each  superintendent 
shall  have  control  and  management  of  all  the  educational,  do¬ 
mestic  and  industrial  affairs  of  the  institution  under  his  charge. 
Each  of  said  superintendents  shall  take  and  subscribe  an  oath 
to  support  the  Constitutions  of  the  United  States  and  of  the  State 
of  Missouri,  and  to  faithfully  discharge  the  duties  of  his  office, 
which  shall  be  filed  with  the  secretary  of  said  board. 

Section  20.  LITERARY  SCHOOLS.— The  said  board 
shall,  so  far  as  is  practicable,  maintain  in  each  of  said  institu¬ 
tions,  schools  for  the  literary  education  of  the  boys  committed 
thereto;  also  trade  schools  for  their  industrial  training,  to  the 
end  that  they  may  become  intelligent  and  useful  citizens. 

Section  21.  SUPERINTENDENT  TO  KEEP  LISTS,  ETC.— 
The  superintendent  of  each  of  said  institutions  shall  keep  a 


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146 


account  of  the  number  of  persons  received  and  discharged,  a 
classified  list  of  all  purchases  and  their  cost,  of  all  products  of 
the  farm  and  shops,  the  number  of  officers,  teachers  and  em¬ 
ployes,  and  their  salaries  and  wages  paid  them,  and  perform 
such  other  duties  as  the  board  may  require. 

Section  27.  BOARD  MAY  RELEASE  —  WHEN.—  Said 
board  shall  have  the  power  to  permit  any  person  committed  to 
either  of  said  institutions  to  return  to  his  home  and  to  release 
him  temporarily  from  confinement  in  said  institution,  but  not 
from  its  control  and  supervision,  but  such  permit  shall  be  condi¬ 
tioned  upon  his  continued  good  conduct  during  the  remainder 
of  the  term  for  which  he  was  committed  to  such  institution. 
Such  persons  shall  under  rules  adopted  by  said  board  report 
to  said  board  from  time  to  time  during  the  term  for  which  he 
was  sent  to  either  of  said  institutions,  and  said  board  shall  have 
power  to  cause  the  return  of  any  person  to  serve  the  time  for 
which  he  was  committed  whenever  his  conduct  during  his  per¬ 
mit  shall  make  it  necessary  or  proper  in  the  opinion  of  said 
board  to  do  so.  The  superintendent  or  any  other  officer  of  either  of 
said  institution  shall  have  authority  to  apprehend  and  return  to  said 
institutions  any  person  whom  the  board  may  direct  to  be  so  re¬ 
turned.  No  parole  shall  be  granted  by  the  court  or  judge  there¬ 
of  to  any  person  committed  by  such  court  to  either  of  said  insti¬ 
tutions  after  he  shall  have  been  received  into  such  institution. 

Section  28.  PENALTY  FOR  ENTICING  INMATE  AWAY.— 
If  any  person  shall  entice,  or  attempt  to  entice  away  from  either 
the  reformatory  or  the  training  school  any  boy  legally  committed 
to  the  same,  or  shall  aid  or  assist  or  attempt  to  aid  or  assist 
any  boy  to  escape  from  such  institution,  or  shall  knowingly  har¬ 
bor,  conceal  or  aid  in  harboring  or  concealing  any  such  boy 
who  shall  have  escaped  from  such  institution,  such  person 
shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction, 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than  two  hun¬ 
dred  dollars. 

Section  29.  DUTIES  OF  SHERIFFS,  CONSTABLES,  AND 
MARSHALS. — It  shall  be  the  duty  of  every  sheriff,  deputy 
sheriff,  constable  or  marshal,  and  every  officer  and  employe  of 
either  such  reformatory  or  such  training  school,  to  arrest,  with 
or  without  warrant,  any  person  who  shall  have  escaped  from 
such  institution  and  return  him  thereto,  and  such  officer,  ex¬ 
cept  officers  and  employes  of  the  institutions,  shall  receive  such 
compensation  as  shall  be  allowed  by  law  for  like  services  ren- 


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Children's  Code  Commission. 


139 


dered  and  shall  be  paid  out  of  any  fund  in  the  treasury  of  such 
institution,  not  especially  appropriated. 

Section  30.  DAMAGES. — For  all  damages  for  trespass 
and  other  wrongs  to  the  reformatory,  or  to  the  training  school, 
or  to  any  property,  real  or  personal,  belonging  thereto,  actions 
may  be  maintained  in  the  name  of  the  state  prison  board,  as 
such,  and  all  damages  recovered  in  such  actions  shall  be  paid 
into  the  treasury  of  such  board,  for  the  use  of  such  reformatory 
or  such  training  school,  respectively. 

Section  31.  COSTS — HOW  PAID. — In  all  cases  of  con¬ 
viction  of  felony  wherein  the  punishment  is  commitment  to  the 
reformatory  or  to  the  training  school,  the  cost  of  the  proceedings, 
and  of  the  delivery  of  such  person  to  such  institution,  shall  be 
paid  by  the  state ;  and  in  all  cases,  of  misdemeanor  wherein  the 
punishment  is  commitment  to  the  reformatory  or  to  the  train¬ 
ing  school,  the  cost  of  the  proceedings  and  of  the  delivery  of 
such  person  to  such  institution  shall  be  paid  by  the  county  in 
which  the  conviction  is  had.  The  sheriff,  marshal  or  other 
person  charged  with  the  delivery  of  any  person  to  the  reform¬ 
atory  or  to  the  training  school,  shall  be  allowed  the  necessary 
traveling  expenses  of  himself  and  such  person,  and  a  per  diem 
of  two  dollars  for  the  time  actually  occupied  in  taking  such  per¬ 
son  to  said  institution  and  in  returning  therefrom,  to  be  paid 
by  the  state  or  county  as  the  case  may  be. 

Section  32.  EXPENSES— HOW  PAID.— There  shall  be 
paid  to  the  state  prison  board  the  sum  of  ten  dollars  per  month 
for  the  support,  maintenance,  clothing  and  all  other  expenses  of 
each  person  committed  to  said  reformatory  or  to  said  training 
school,  from  the  time  of  his  reception  into  said  institution  until 
his  discharge  therefrom:  Provided ,  that  no  payment  shall  be 
made  for  the  time  that  any  such  person  may  be  absent  from  the 
reformatory  or  from  said  training  school  on  probation,  by  per¬ 
mission  of  the  board.  All  payments  shall  be  made  quarterly 
in  advance. 

Section  34.  RECORD  OF  DISCHARGES  TO  BE  KEPT.— 
It  shall  be  the  duty  of  said  board  to  keep  a  separate  record  of 
the  persons  discharged  from  each  of  said  two  institutions,  and, 
as  far  as  possible,  of  their  whereabouts,  occupation  and  con¬ 
duct. 

Section  35.  INMATES  TO  BE  CLASSIFIED.— It  shall  be 
the  duty  of  the  said  board  to  provide  for  the  separation  of  the  in¬ 
mates  in  said  reformatory  and  in  said  training  school  into  dif- 


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[46 


ferent  classes  and  to  provide  an  entirely  separate  department 
for  each  class,  so  that  the  younger  and  less  vicious  in  each  in¬ 
stitution  shall  not  come  in  contact  with  the  older  and  more 
hardened  class  therein.  Each  department  shall  be  entirely 
separate  from  any  other  department  and  shall  have  different 
subordinate  officers  in  control  thereof,  and  said  board  shall  pro¬ 
vide  rules  whereby  the  inmates  may  be  transferred  from  one 
department  or  class  to  another  department  or  class  in  the  same 
institution  from  time  to  time,  as  their  conduct  may  merit  or  re¬ 
quire;  and  in  order  that  there  shall  be  separate  departments 
so  that  the  inmates  may  be  classified  according  to  their  deserts 
and  each  class  kept  in  its  appropriate  department,  said  board 
shall  cause  suitable  buildings  and  enclosures  to  be  erected  in 
each  institution  for  the  department  or  class  containing  older  or 
more  hardened  offenders  therein,  and  those  who  cannot  be  con¬ 
trolled  except  by  closer  confinement  and  sterner  discipline  than 
in  the  school  department.  Said  buildings  and  enclosures  shall 
be  erected  upon  a  different  part  of  the  grounds  from  the  build¬ 
ings  now  located  thereon,  and  shall  constitute  a  distinct  depart¬ 
ment  of  the  institution. 

Section  2.  All  acts  or  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


VI. 

APPOINTMENT  OF  PROBATION  OFFICERS  IN  THE 
CRIMINAL  COURTS. 

(Page  44,  Section  6.) 

An  act  to  amend  Article  1 8  of  Chapter  37  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  bp  adding  a  new  section  there¬ 
to. ,  to  be  known  as  Section  5364-a,  relating  to  the  appointment  of 
parole  officers. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Article  1 8  of  Chapter  37  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909  be  and  the  same  is  hereby  amended  by  add¬ 
ing  after  Section  5364  a  new  section,  to  be  known  as  Section  5364 -a, 
and  to  read  as  follows: 

Section  5364-a.  For  the  purpose  of  supervising  persons  pa¬ 
roled  under  the  provisions  of  sections  5363  and  5364,  any  circuit 


46] 


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141 


or  criminal  court  of  this  state  shall  have  power  to  appoint,  at  sal¬ 
aries  to  be  fixed  by  such  court,  one  or  more  parole  officers,  not 
to  exceed,  however,  one  parole  officer  for  each  judge  of  such 
court,  who  shall  be  officers  of  the  court,  and  who,  before  enter¬ 
ing  upon  their  duties,  shall  take  the  constitutional  oath  of  of¬ 
fice.  All  appointments  shall  be  subject  to  the  approval  of  the 
State  Board  of  Charities  and  Corrections,  and  any  such  officer 
may  be  removed  by  the  court  appointing  him  for  reasons  as¬ 
signed  in  writing.  The  salaries  and  expenses  of  such  parole 
officers  shall  be  paid  monthly  out  of  the  funds  of  the  county  or 
city  in  which  they  serve,  or  in  case  of  officers  appointed  by  a 
circuit  court  having  more  than  one  county  in  its  circuit,  out  of 
the  funds  of  the  several  counties,  in  such  manner  as  may  be  agreed 
upon  between  the  circuit  judge  and  the  several  county  courts.  Such 
salaries  shall  not  exceed  eighteen  hundred  dollars  ($1,800) 
per  annum  in  counties  or  cities  not  within  a  county  having  a 
population  of  100,000  or  over,  and  shall  not  exceed  twelve  hun¬ 
dred  dollars  ($1,200)  per  annum  in  counties  of  less  than  100,000. 
And  said  expenses  shall  in  no  case  exceed  two  hundred  dollars 
($200)  per  annum.  Any  officer  of  a  county,  city,  school  dis¬ 
trict  or  of  a  court  of  record  may,  while  holding  said  office,  be 
appointed  parole  officer,  with  or  without  additional  compensa¬ 
tion  within  the  limits  fixed  herein.  Such  parole  officer  shall 
act  in  the  same  capacity  for  any  penal  or  reformatory  institu¬ 
tion  in  the  state,  when  so  requested  by  the  judge  or  by  the  State 
Board  of  Charities  and  Corrections,  and  shall  act  as  probation 
officer  for  children  when  so  requested  by  the  judge  of  the  juve¬ 
nile  court  of  the  county  in  which  such  officer  is  employed;  such 
additional  employment  to  be  with  or  without  additional  compen¬ 
sation,  within  the  limits  herein  fixed,  as  determined  by  the  said 
state  board  or  by  said  judge,  as  the  case  may  be.  It  shall  be 
the  duty  of  parole  officers  to  investigate  and  report  to  the  court 
regarding  the  antecedents,  character,  history  and  circum¬ 
stances  of  any  person  who  is  to  be  brought  before  such  court, 
and  to  take  charge  of  and  supervise  all  persons  paroled  by  the 
court  to  the  end  that  the  court  may  be  fully  informed  as  to  the 
habits  and  progress  of  persons  paroled. 


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VII. 

TREATMENT  OF  INCORRIGIBLE  MINORS  OVER 
JUVENILE  COURT  AGE. 

(Page  45,  Section  7.) 

An  act  to  amend  an  act  of  the  General  Assembly  of  the  State 
of  Missouri ,  relating  to  the  treatment  and  correction  of  delinquent 
minors ,  approved  April  10,  1917,  as  it  appears  on  pages  201  and 
202  of  the  Laws  of  Missouri  of  1917,  by  striking  out  the  figures 
“18”  in  lines  two ,  three  and  five  and  the  word  “ eighteen ”  in  line 
five  of  said  act ,  and  inserting  in  lieu  thereof  in  each  place  the  word 
“seventeen.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  an  act  of  the  General  Assembly  relating  to 
the  treatment  and  correction  of  delinquent  minors ,  approved  April  10, 
1917,  as  it  appears  on  pages  201  and  202  of  the  Laws  of  Missouri 
of  1917,  be,  and  the  same  is  hereby  amended  by  striking  out  the 
figures  “18”  in  lines  two ,  three  and  five  and  the  word  “ eighteen ” 
in  line  five  of  said  act ,  and  inserting  in  lieu  thereof  in  each  place 
the  word  “seventeen”,  so  that  the  said  section,  as  amended ,  shall 
read  as  follows: 

Section  1.  TREATMENT  AND  CORRECTION  OF  DE¬ 
LINQUENT  MINORS  SEVENTEEN  YEARS  OF  AGE  OR 
OVER. — Whenever  in  the  state  of  Missouri  any  minor  of  the  age 
of  seventeen  years  or  over  shall  commit  any  of  the  acts  consti¬ 
tuting  a  delinquent  child  as  defined  in  the  statutes  of  this  state, 
applicable  to  children  under  seventeen  years,  such  minor  may 
be  caused  to  be  brought  by  his  or  her  parents  or  lawful  guar¬ 
dian  or  by  the  probation  officer  or  by  any  person  interested  in 
said  minor,  before  a  court  of  record  having  jurisdiction  over  mis¬ 
demeanors,  and  tried  in  the  same  manner  as  a  person  charged 
with  the  commission  of  a  misdemeanor.  Upon  the  finding  of 
delinquency,  the  court  may  proceed  to  make  such  order  in  the 
case  as  may  seem  to  be  for  the  best  interests  of  said  minor, 
either  by  commitment  to  any  public  institution,  or  to  any 
private  institution  willing  to  receive  such  minor,  or  to  the  care 
and  custody  of  any  individual  willing  to  care  for  said  minor,  or 
said  minor  may  be  left  in  the  care  of  his  or  her  parents  or  guar¬ 
dian,  subject  to  the  supervision  of  the  court  under  suspended 
sentence;  or  the  court  may  proceed  to  make  any  other  lawful 
disposition  of  the  case. 


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143 


VIII. 

REPEALING  CONFLICTING  STATUTE. 

(Page  45,  Section  8.) 

An  act  to  repeal  an  act  entitled  “Charities  and  Corretions: 
Industrial  Home  for  Negro  Girls”,  approved  April  10,  1917,  as 
it  appears  on  page  150  of  the  Laws  of  Missouri  of  1917. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  an  act  entitled  “Charities  and  Corrections: 
Industrial  Home  for  Negro  Girls”,  approved  April  10,  1917,  as 
it  appears  on  page  150  of  the  Laws  of  Missouri  of  1917,  is 
hereby  repealed. 

IX. 

REPEALING  CONFLICTING  STATUTE. 

(Page  46,  Section  9.) 

An  act  to  amend  an  act  designated  as  “State  Prison  Board 
Act”  approved  April  12,  1917,  commencing  on  page  155  of  the 
Laws  of  Missouri  of  1917,  by  repealing  Sections  24  and  25  thereof. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  sections  24  and  25  of  an  act  designated 
as  the  “State  Prison  Board  Act”  approved  April  12,  1917, 
commencing  on  page  155  of  the  Laws  of  Missouri  of  1917,  be, 
and  the  same  are  hereby  repealed. 

X. 

REPEALING  OBSOLETE  STATUTE. 

(Page  46,  Section  10.) 

An  act  to  repeal  Article  II  of  Ch  pier  33  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  entitled  “Training  Schools  for  Minors.” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  II  of  Chapter  33  of  the  Revised 
Statutes  of  Missouri  of  1909,  be,  and  the  same  is  hereby  repealed. 


LAWS  RELATING  TO  THE  CARE  OF  DEPENDENT 

CHILDREN. 


Discussion  of  these  recommendations  appears 
in  Chapter  Y,  page  47. 


(145) 


46—10 


46] 


Children's  Code  Commission . 


147 


CHAPTER  V. 

LAWS  RELATING  TO  THE  CARE  OF  DEPENDENT 

CHILDREN. 

1.  STATE  SUPERVISION  OF  MATERNITY  HOSPITALS. 

2.  STATE  SUPERVISION  OF  PRIVATE  CHILD-CARING 

INSTITUTIONS. 

3.  ESTABLISHING  A  STATE  HOME  FOR  DEPENDENT 

CHILDREN. 


I. 

STATE  SUPERVISION  0]F  MATERNITY  HOSPITALS. 

(Page  48,  Section  1.) 

An  act  to  provide  for  the  licensing  and  supervision  of  mater¬ 
nity  hospitals. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  LICENSE  REQUIRED  FOR  MATERNITY 
HOSPITAL. — It  shall  be  unlawful  for  any  person,  firm,  cor¬ 
poration,  or  association  to  conduct  or  maintain  a  maternity 
hospital,  as  herein  defined,  without  having  in  full  force  a  written 
license  therefor  from  the  state  board  of  charities  and  correc¬ 
tions  ;  provided,  that  nothing  in  this  act  shall  apply  to  any  insti¬ 
tution  maintained  or  operated  by  the  state  and  city  and  county. 

Section  2.  MATERNITY  HOSPITAL  DEFINED.— The 
term  ‘  ‘Maternity  Hospital’’  as  used  in  this  act,  shall  be  held  to 
mean  a  house  or  other  place  maintained  or  conducted  by  anyone 
who  advertises  himself  or  holds  himself  out  as  having,  or  con¬ 
ducting,  a  maternity  hospital  or  boarding  house,  or  a  house  or 
any  other  place  in  which  any  person  receives  for  treatment,  cares 
for  or  treats,  within  any  period  of  six  months,  more  than  one 
woman  during  pregnancy,  or  during  or  after  delivery,  except  a 
woman  related  to  him  by  blood  or  marriage ;  provided,  however, 
that  nothing  herein  shall  be  construed  to  prevent  a  nurse  from 
practicing  her  profession  under  the  care  of  a  physician  in  the 
home  of  the  patient, or  in  a  regular  hospital  other  than  a  maternity 
hospital. 


148 


Report  of  the  Missouri 


]46 


Section  3.  POWERS  AND  DUTIES  OF  STATE  BOARD 
OF  CHARITIES  AND  CORRECTIONS.— The  state  board  of 
charities  and  corrections  shall  have  the  following  duties : 

1.  To  grant  licenses  to  persons  or  organizations  to  con¬ 
duct  maternity  hospitals  or  boarding  houses,  and  to  renew  the 
same  when  expired;  provided,  that  no  license  shall  be  granted 
for  a  term  exceeding  one  year. 

2.  To  investigate  the  condition  of  maternity  hospitals  or 
boarding  houses,  inspect  their  books  and  records,  premises  and 
inmates,  examine  their  officers  and  agents,  and  revoke  the  li¬ 
censes  of  such  institutions  as  fail  to  obey  the  provisions  of  this 
act,  or  the  rules  and  regulations  made  by  said  board. 

3.  To  visit  any  woman  or  children  in  such  maternity  hos¬ 
pital  or  boarding  house,  and  to  order  their  removal  if  necessary. 

4.  To  determine  what  records  shall  be  kept  by  such  insti¬ 
tutions,  and  the  form  thereof  and  methods  to  be  used  in  keeping 
such  records,  and  to  require  reports  to  be  made  to  said  board 
at  regular  intervals. 

Section  4.  PENALTIES. — Any  person  who  shall  violate 
any  of  the  provisions  of  this  act  or  any  of  the  rules  and  regula¬ 
tions  made  by  said  state  board  of  charities  and  corrections  under 
authority  of  this  act  shall  be  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
three  hundred  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  both. 

Section  5.  All  acts  and  parts  of  acts  inconsistent  or  in  con¬ 
flict  with  this  act  are  hereby  repealed. 


II. 

STATE  SUPERVISION  OF  PRIVATE  CHILD- 
CARING  INSTITUTIONS. 

(Page  48,  Section  2.) 

An  act  to  provide  for  the  licensing  and  supervision  of  board¬ 
ing  houses  for  infants ,  boarding  homes  for  children ,  and  of  the 
occupation  of  placing  infants. 


BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  LICENSE  REQUIRED. — It  shall  be  unlawful 
for  any  person,  firm,  corporation  or  association  to  conduct  or 
maintain  a  boarding  house  for  infants,  boarding  home  for  chil- 


46] 


Children's  Code  Commission. 


149 


dren,  or  to  engage  in  or  assist  in  conducting  the  occupation  or 
business  of  placing  infants,  as  herein  defined,  without  having 
in  full  force  a  written  license  therefor  from  the  state  board  of 
charities  and  corrections;  provided,  that  nothing  in  this  act 
shall  apply  to  any  institution  maintained  or  operated  by  the 
state  city  and  county. 

Section  2.  BOARDING  HOUSE  FOR  INFANTS  DE¬ 
FINED. — The  term  “boarding  house  for  infants”  as  used  in 
this  act,  shall  be  held  to  mean  a  house  or  other  place  conducted 
or  maintained  by  any  person,  firm,  corporation  or  association 
who  advertises  or  holds  out  himself  or  itself  as  conducting  a 
boarding  house  or  place  of  residence  for  infants  under  three 
years  of  age,  or  who,  within  any  period  of  six  months,  receives 
or  has  in  his  or  its  custody  or  control,  unattended  by  parents  or 
guardians,  two  or  more  homeless  infants  under  the  age  of  three 
years,  for  the  purpose  of  providing  such  children  with  either 
food  or  lodging,  except  such  children  as  are  related  by  blood  or 
marriage  to  the  person  so  keeping  or  lodging  such  infants,  or 
as  have  been  legally  adopted  by  him. 

Section  3.  BOARDING  HOME  FOR  CHILDREN  DE¬ 
FINED. — The  term  “boarding  home  for  children”  as  used  in 
this  act,  shall  be  held  to  mean  any  children’s  home,  orphanage 
or  institution  conducted  by  any  association,  organization  or  in¬ 
dividual  and  in  which  orphans  or  dependent  or  neglected  chil¬ 
dren  are  boarded,  lodged,  received  and  cared  for. 

Section  4.  PLACING  OF  INFANTS  DEFINED.— Who¬ 
ever  advertises  himself  or  holds  himself  out  as  placing  or  find¬ 
ing  homes,  or  as  otherwise  disposing  of  infants  under  three 
years  of  age,  or  whoever,  within  a  period  of  six  months,  actually 
places  or  assists  in  placing  in  homes  of  persons  other  than  rel¬ 
atives,  or,  within  a  period  of  six  months,  causes  or  assists  in 
causing  the  adoption,  or  a  change  in  the  custody  of  more  than 
two  infants  under  three  years  of  age,  shall  be  deemed  to  be  en¬ 
gaged  in  or  assisting  in  conducting  the  business  or  occupation 
of  placing  infants. 

Section  5.  POWERS  AND  DUTIES  OF  STATE  BOARD 
OF  CHARITIES  AND  CORRECTIONS.— The  State  board  of 
charities  and  corrections  shall  have  the  following  duties: 

(1)  To  grant  licenses  to  persons  or  organizations  to  con¬ 
duct  the  occupation  defined  in  this  act,  and  to  renew  the  same 
when  expired;  provided  that  no  license  shall  be  granted  for  a 
term  exceeding  one  year. 


150 


Report  of  the  Missouri 


[46 


(2)  To  investigate  the  conditions  of  the  homes  and  other 
places  herein  defined,  inspect  their  books  and  records,  prem¬ 
ises  and  inmates,  examine  their  officers  and  agents,  and  revoke 
the  license  of  such  individuals,  institutions  or  organizations  as 
fail  to  obey  the  provisions  of  this  act,  or  the  rules  and  regulations 
made  by  said  board. 

(3)  To  determine  what  records  shall  be  kept  by  such  in¬ 
stitutions,  and  the  form  thereof  and  methods  to  be  used  in 
keeping  such  records,  and  to  require  reports  to  be  made  to  the 
board  at  regular  intervals. 

Section  6.  PENALTIES. — Any  person  who  shall  violate 
any  of  the  provisions  of  this  act,  or  any  of  the  rules  and  regula¬ 
tions  made  by  said  state  board  of  charities  and  corrections  un¬ 
der  authority  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  three  hundred  dollars  ($300),  or  by  imprisonment  for  not 
more  than  one  year,  or  both. 

Section  7.  All  acts  and  parts  of  acts  inconsistent  or  in  con¬ 
flict  with  this  act  are  hereby  repealed. 

III. 

ESTABLISHING  A  STATE  HOME  FOR  DEPENDENT 

CHILDREN. 

(Page  51,  Section  3.) 

An  act  establishing  a  state  home  for  neglected ,  ill-treated  and 
homeless  children;  providing  for  the  superintendent  and  employes 
thereof  and  their  salaries;  prescribing  rules  and  regulations  for  the 
government  of  the  home  and  for  the  admission  of  children  thereto 
and  their  discharge  therefrom ,  and  placing  the  same  under  the 
supervision  of  the  board  of  charities  and  corrections;  and  carrying 
an  appropriation  therefor . 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  There  is  hereby  established  an  institution  to 
be  known  as  the  state  home  for  children.  The  purpose  of  said 
home  shall  be  to  provide  for  neglected  and  dependent  children 
a  temporary  home  that  will  furnish  for  them,  pending  placement 
in  permanent  family  homes,  proper  care  and  instruction.  Said 
care  and  instruction  shall  be  such  as  to  develop  the  children 


46]  Children's  Code  Commission.  151 

while  in  said  home,  mentally,  morally,  and  physically  and  train 
them  in  the  industrial  arts. 

Section  2.  The  state  board  of  charities  and  corrections 
shall  exercise  general  care  and  management  of  said  home.  The 
board  shall  have  power  to  decide  on  time  and  place  of  meeting, 
but  shall  meet  on  its  own  adjournment  or  otherwise  at  least 
once  in  two  months  and  shall  receive  all  necessary  expenses 
incurred  in  attending  such  meeting.  Said  board  may  take, 
hold  and  manage  all  lands  and  other  property  acquired  by  pur¬ 
chase,  gift,  donation,  devise,  or  bequest  for  the  use  of  the  in¬ 
stitution. 

Section  3.  Said  state  board  of  charities  and  corrections 
shall  proceed  to  examine,  consider,  and  select  the  proper  loca¬ 
tion  for  said  state  home  for  children,  and  shall  give  first  consid¬ 
eration  to  the  town  or  city  that  is  most  conveniently  located  as 
to  accessibility  from  all  parts  of  the  state  and  which  may  make 
the  most  favorable  offer  to  donate  land  or  other  property  for, 
or  money  to  purchase  building  site  and  property  to  be  used  for 
the  purpose  named  in  this  act. 

Section  4.  When  any  town,  city,  person  or  persons  shall 
have  donated  land  for  the  site  or  money  for  the  purchase  of  a 
site  for  the  state  home  for  children,  the  state  board  of  charities 
and  corrections  shall  have  authority  to  have  plans  prepared  and 
have  a  building  or  buildings  erected  and  furnished  out  of  any 
funds  for  this  purpose  at  the  disposal  of  the  board. 

Section  5.  There  is  hereby  appropriated  the  sum  of  thirty 
thousand  dollars  which  is  not  otherwise  appropriated,  for 
erection  and  furnishing  of  buildings  for  a  state  home  for  chil¬ 
dren  and  for  salaries  of  officers  of  same  and  for  support  of  the 
institution. 

Section  6.  The  state  board  of  charities  and  corrections 
shall  appoint  a  superintendent  who  shall  have  power  to  appoint 
and  discharge  such  assistants  and  employes  as  may  be  neces¬ 
sary.  The  said  board  shall  determine  the  number  of  assist¬ 
ants  and  employes,  their  salaries  and  the  salary  of  the  super¬ 
intendent.  It  shall  prescribe  regulations  for  the  government 
and  conduct  of  the  institution. 

Section  7.  Only  children  under  seventeen  years  of  age 
who  are  dependent  on  the  public  for  support,  abandoned,  neg¬ 
lected,  or  ill-treated,  and  who  are  sound  of  mind  and  free  from 
disease,  shall  be  received  into  said  home.  Whenever  the 
number  of  children  shall  exceed  the  capacity  of  the  home,  pref¬ 
erence  shall  be  given  to  the  younger  children  and  to  those  in 


152 


Report  of  the  Missouri 


[46 


greatest  need,  and  the  children  received  shall  be  divided 
among  the  several  counties  as  justly  as  possible,  taking  into 
consideration  the  number  of  such  children  in  each  county  and 
its  population.  The  state  board  of  charities  and  corrections  or 
superintendent  shall  notify  the  chief  probation  officer  of  the 
juvenile  court,  or  the  probate  judge  in  counties  where  there  is 
no  juvenile  court,  of  the  number  of  children  that  can  be  re¬ 
ceived  from  such  county,  whenever  vacancies  exist,  or  upon 
inquiry  from  the  aforementioned  county  officers.  No  child 
who  can  be  received  into  the  home  shall  be  maintained  in 
any  countypoor  house  or  almshouse.  Before  any  child  under 
one  year  of  age  shall  be  ordered  sent  to  said  home,  a  written 
statement  from  the  superintendent  shall  be  obtained,  showing 
that  said  child  can  be  received  and  cared  for  in  said  home. 

Section  8.  In  all  counties  where  there  now  exists  or  may 
hereafter  be  a  juvenile  court,  complaint  shall  be  made  and  trial 
conducted  in  accordance  with  the  laws  governing  such  courts. 
In  all  other  counties,  any  two  citizens  may  make  complaint  in 
writing  to  the  judge  of  the  probate  court  stating  that  in  their 
opinion  such  a  child  is : 

1.  Dependent  upon  the  public  for  support,  or 

2.  In  a  state  of  habitual  vagrancy  or  mendicity,  or 

3.  Ill  treated,  and  his  or  her  life,  health,  or  morals  en¬ 
dangered  by  continued  cruel  treatment  or  neglect,  or  by  the 
habitual  intemperance,  immorality,  or  gross  misconduct  of 
parents  or  guardians.  It  shall  also  state  the  names,  residence, 
and  occupation  of  the  parents,  so  far  as  the  same  can  be  ascer¬ 
tained,  and  whether  either  parent  is  dead  or  has  abandoned  the 
child  and  shall  ask  that  the  child  be  committed  to  the  guardian¬ 
ship  of  the  state  board  of  charities  and  corrections. 

Section  9.  The  judge  shall  thereupon  cite  the  parents  or 
guardian,  if  within  the  county,  to  show  cause  before  the  court,  at 
a  time  andf place  named,  why  such  child  should  not  be  com¬ 
mitted.  If  .the  child  has  no  parent  or  guardian  within  the 
county,  no  citation  need  issue.  The  citation  shall  be  served  at 
least  two  days  before  the  hearing.  Any  person  may  appear  on 
behalf  of  the  child,  and  at  the  request  of  the  judge,  authors  of 
the  complaint  shall  so  appear.  Upon  like  request,  the  county 
attorney  shall  appear  in  support  of  the  complaint;  but  the  pro¬ 
cedure  shall  not  be  [deemed  invalid  by  reason  of  failure  to 
serve  such  citation,  or  of  any  informality  or  irregularity  in  the 
service  or  in  the  complaint. 


16] 


Children's  Code  Commission. 


153 


Section  10.  Said  judge  shall  examine  into  the  facts  alleged 
as  in  other  hearings  before  him,  and,  if  he  finds  the  allegation 
of  the  complaint  true,  he  shall  cause  the  child  to  be  examined 
by  the  county  physician,  if  there  be  one,  otherwise  by  a  prac¬ 
ticing  physician.  If  such  physician  shall  certify  in  writing  and 
under  oath  that  upon  such  examination  he  finds  the  child  of 
sound  mind  and  free  from  chronic  or  communicable  disease, 
and  that  in  his  opinion  he  has  not  within  the  past  fifteen  days 
been  exposed  to  any  such  disease,  the  judge  shall  make  specific 
findings  upon  each  fact  alleged  in  the  complaint,  and  enter  an 
order  committing  the  child  to  the  guardianship  of  said  board; 
whereupon  all  rights  of  the  parents  or  guardian  to  the  custody, 
control,  service,  or  earnings  of  the  child  shall  be  suspended 
until  such  child  is  returned  to  their  custody  by  order  of  the 
state  board  of  charities  and  corrections. 

Section  11.  A  child  admitted  to  said  home  shall  remain 
therein  and  subject  to  the  guardianship  of  the  board  until  a 
proper  home  is  procured  for  the  child.  The  board  shall  return 
or  discharge  each  child  when  satisfied  that  it  is  unsound  in  mind 
or  diseased  or  for  other  cause  is  not  a  proper  inmate  of  this 
home.  Upon  such  return  or  discharge,  the  guardianship  of  the 
board  shall  cease  and  the  child  shall  again  be  under  the  cus¬ 
tody  of  his  parents  or  guardian  or  a  charge  upon  the  county 
from  which  he  was  sent.  In  any  case  where  the  child  is  found  to 
be  feeble-minded  or  epileptic,  the  board  may  commit  such 
child  to  the  school  for  the  feeble-minded  and  epileptic  by  and 
with  the  consent  of  the  superintendent  of  that  institution. 

Section  12.  If  the  parents  or  other  persons  having  custody 
of  the  child  shall  refuse  to  surrender  such  child  to  the  custody 
of  the  court,  the  judge  may  make  a  written  order  requiring  the 
probation  officer  or  the  sheriff  to  produce  said  child  in  court. 
The  probation  officer  or  the  sheriff  shall  thereupon  take  the 
child  and  shall  keep  it  at  a  proper  place  other  than  the  county 
jail  or  county  almshouse,  under  the  direction  of  the  judge  of 
the  court,  at  the  expense  of  the  county. 

Section  13.  Said  board  so  far  as  practicable  shall  secure 
permanent  homes  for  such  children  in  proper  families,  by  adop¬ 
tion,  and  for  that  purpose  may  consent  or  authorize  the  superin¬ 
tendent  to  consent  to  the  legal  adoption  of  any  such  child  in  the 
same  manner  as  the  child’s  parents  might  have  done;  or  the 
board  may  place  the  child  with  its  natural  parents  without  sur¬ 
rendering  guardianship  of  said  child  or  it  may  place  such  child 
in  a  proper  family  home  during  minority  or  for  a  shorter  period. 


154 


Report  of  the  Missouri 


[46 


Section  14.  Whenever  any  such  child  has  become  self-sup¬ 
porting,  or  his  parents  have  become  able  to  provide  for  him  and 
are  otherwise  suitable,  the  board,  by  resolution,  may  discharge 
him;  whereupon  the  guardianship  of  the  board  shall  cease,  and 
he  shall  be  entitled  to  his  earnings,  with  power  to  contract  for 
his  services,  or  shall  be  returned  to  the  custody  of  his  parents 
as  the  board  may  direct. 

Section  15.  Suitable  persons  shall  be  appointed  to  act  as 
agents  of  the  home.  They  shall  visit  the  wards  of  this  board, 
at  its  direction,  and  report  to  it  their  condition,  and  shall  per¬ 
form  such  other  duties  as  the  board  may  direct.  They  or  the 
superintendent  shall  provide  and  investigate  homes  for  the 
wards.  They  shall  be  allowed,  in  addition  to  their  salaries, 
their  necessary  traveling  expenses,  to  be  audited  by  the  state 
board  and  the  auditor. 

Section  16.  The  board  shall  cause  to  be  kept  at  the  home 
a  record  containing  the  names,  ages,  and  residences  of  all 
children  received;  the  names,  residence,  occupation,  and  char¬ 
acter,  so  far  as  known,  of  the  living  parents;  the  date  of  recep¬ 
tion,  and  of  adoption,  with  the  name,  occupation,  and  residence 
of  the  person  with  whom  the  child  is  placed;  the  date  and  cause 
of  discharge;  and  a  brief  history  of  each  child  during  minority. 
On  or  before  January  first,  preceding  each  regular  session  of 
the  legislature,  the  board  shall  report  to  the  governor  the  oper¬ 
ations  of  the  home  for  the  two  preceding  fiscal  years. 

Section  17.  Any  parent,  guardian,  or  other  persons  who 
shall  abduct,  conceal,  entice,  carry  away,  or  improperly  inter¬ 
fere  with  any  child  committed  to  the  guardianship  of  said 
board,  or  who  shall  obstruct  or  interfere  with  any  officer  or 
agent  in  the  performance  of  any  duty  imposed  by  this  act,  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined 
not  less  than  fifty  dollars  and  not  more  than  two  hundred  dol¬ 
lars. 


LAWS  RELATING  TO  CARE  OF  DEFECTIVE 
CHILDREN. 


Discussion  of  these  recommendations  appears 
in  Chapter  VI,  page  52. 


(155) 


46) 


Children's  Code  Commission. 


157 


CHAPTER  VI. 

LAWS  RELATING  TO  CARE  OF  DEFECTIVE  CHILDREN. 

1.  RELATING  TO  THE  COMMITMENT  OF  DEPEND¬ 

ENT  FEEBLE-MINDED  PERSONS  TO  STATE  IN¬ 
STITUTIONS. 

2.  PROVIDING  INCREASED  FACILITIES  FOR  THE 

CARE  OF  THE  FEEBLE-MINDED. 

3.  COMMITMENT  OF  DEAF  CHILDREN  TO  THE 

STATE  INSTITUTION. 

4.  SPECIAL  CLASSES  FOR  DEFECTIVE  CHILDREN 

IN  THE  PUBLIC  SCHOOLS. 

5.  CREATION  OF  A  BUREAU  FOR  MENTAL  DEFEC¬ 

TIVES. 


I. 

RELATING  TO  THE  COMMITMENT  OF  DEPEND¬ 
ENT  FEEBLE-MINDED  PERSONS  TO 
STATE  INSTITUTIONS. 

(Page  53;  Section  1.) 

An  act  to  provide  for  the  commitment  to  and  care  of  feeble¬ 
minded  persons  in  state  institutions  or  colonies ,  and  their  dis¬ 
charge  therefrom ,  and  to  repeal  Sections  1508  and  1509,  of  the 
Revised  Statutes  of  Missouri ,  1909. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  DEFINITION  OF  FEEBLE-MINDED  PER¬ 
SON. — The  words  “feeble-minded  person”  shall  be  construed 
to  mean  any  person  afflicted  with  mental  defectiveness  from 
birth  or  from  an  early  age,  so  pronounced  that  he  is  incapable 
of  managing  himself  and  his  affairs  and  of  subsisting  by  his  own 
efforts,  or  of  being  taught  to  do  so,  and  who  requires  supervi¬ 
sion,  control,  and  care  for  his  own  welfare,  or  for  the  welfare 
of  others,  or  for  the  welfare  of  the  community,  and  who  cannot 
be  classified  as  an  “insane  person.” 

Section  2.  PROCEDURE  IN  CIRCUIT  COURT.— The 
commitment  of  feeble-minded  persons  to  any  state  institution 


158 


Report  of  the  Missouri 


146 


for  the  feeble-minded  shall  conform  in  all  cases  to  the  proced¬ 
ure  and  conditions  prescribed  in  this  article.  The  circuit  court 
in  each  county,  and  in  the  cases  of  children  under  seventeen 
years  of  age,  the  juvenile  court  thereof,  shall  have  sole  and  ex¬ 
clusive  power  of  commitment.  The  procedure  in  the  circuit 
court  shall  be  initiated  by  petition  which  may  be  filed  by  any 
immediate  relative  or  guardian  of  the  person  believed  to  be 
feeble-minded,  or  by  the  county  superintendent  of  public  wel¬ 
fare,  or  by  any  responsible  citizen,  provided  that  in  the  case  of 
a  petition  filed  by  a  relative  or  guardian  of  the  person  sought  to 
be  committed,  a  bond  for  the  payment  of  the  costs  of  the  pro¬ 
ceedings  to  an  amount  to  be  determined  by  the  court  shall  ac¬ 
company  such  petition.  Such  petition  shall  be  in  the  form  of 
an  affidavit,  and  shall  allege,  first,  that  the  petitioner  believes 
according  to  the  best  of  his  knowledge  that  the  person  for  whom 
such  commitment  is  sought  is  feeble-minded,  and  second,  that 
by  reason  of  such  mental  defectiveness  and  of  surrounding 
social  conditions,  such  as  lack  of  proper  control,  care  and  sup¬ 
port,  he  is  a  proper  subject  for  commitment  to  a  state  institu¬ 
tion  for  the  feeble-minded.  There  shall  be  endorsed  on 
such  petition  the  names  and  residences  of  witnesses  known  to 
petitioner  by  whom  the  truth  of  the  allegations  of  the  petition 
may  be  proved.  Thereupon  the  procedure  shall  be  conducted 
as  a  proceeding  in  chancery  and*  the  court  shall  have  power  to 
summon  witnesses  and  conduct  such  investigations  as  may  be 
necessary  to  establish  the  facts  in  the  case.  In  such  proceedings 
the  alleged  feeble-minded  person  shall  be  notified  of  such  petition 
for  his  commitment  and  of  the  time  and  place  at  which  a  hearing 
upon  such  petition  shall  be  had,  and  shall  possess  the  right  to 
cause  witnesses  to  be  summoned  in  his  behalf.  It  shall  be 
a  necessary  part  of  every  such  hearing  that  the  alleged  feeble¬ 
minded  person  shall  himself  appear  before  and  be  subjected  to 
an  examination  by  the  court.  In  conducting  this  examination 
the  court  shall  be  assisted  by  at  least  one  competent  psycholo¬ 
gist  or  competent  physician,  and  no  person  shall  be  committed 
without  a  certificate  of  such  psychologist  or  physician  or  a  ma¬ 
jority  thereof. 

Section  3.  TEMPORARY  DETENTION  PENDING 
HEARING. — Upon  the  filing  of  the  petition,  or  upon  motion  at 
any  time  thereafter,  if  it  shall  be  made  to  appear  to  the  court 
by  evidence  given  under  oath  that  it  is  for  the  best  interest  of 
the  alleged  feeble-minded  person  or  of  the  community  that  such 


46] 


Children's  Code  Commission. 


159 


j  person  be  at  once  taken  into  custody,  or  that  the  service  of  sum¬ 
mons  will  be  ineffectual  to  secure  the  presence  of  such  person, 
a  warrant  may  issue  on  the  order  of  the  court  directing  thal 
such  person  be  taken  into  custody  and  brought  before  the  court 
forthwith  or  at  such  time  and  place  as  the  judge  may  appoint, 
and  pending  the  hearing  of  the  petition  the  court  may  make  any 
order  for  the  detention  of  such  feeble-minded  person,  or  the 
placing  of  such  feeble-minded  person  under  temporary  guar¬ 
dianship  of  some  suitable  person,  on  such  person  entering  into 
such  recognizance  for  his  appearance,  as  the  court  shall  deem 
proper.  But  no  such  feeble-minded  person  shall  during  the 
pendency  of  the  hearing  of  the  petition  be  detained  in  any  place 
provided  for  the  detention  of  persons  charged  with  or  convicted 
of  any  criminal  or  quasi-criminal  offense. 

Section  4.  COMMITMENT  AND  APPOINTMENT  OF 
GUARDIAN. — In  case  the  court  shall  find  upon  all  the  evidence 
that  the  alleged  feeble-minded  person  is  a  proper  subject  for 
commitment,  it  shall  enter  an  order  of  commitment  to  the  appro¬ 
priate  state  institution.  And  if  it  shall  appear  that  the  feeble¬ 
minded  person  is  possessed  of  an  estate,  the  court  shall  ap¬ 
point  a  guardian,  who  shall  be  subject  to  the  provisions  of  law 
governing  the  guardians  of  insane  persons  in  so  far  as  said  pro¬ 
visions  apply.  It  shall  be  the  duty  of  the  county  superintend¬ 
ent  of  public  welfare  thereupon  to  arrange  for  the  removal  of 
such  feeble-minded  person  to  said  state  institution  and  the  ex¬ 
pense  of  transportation  shall  be  paid  out  of  the  funds  of  the 
county  court,  in  case  the  feeble-minded  person  does  not  pos¬ 
sess  an  estate  out  of  which  the  expense  incurred  can  be  paid 
or  his  relatives  are  unable  or  unwilling  to  pay  such  expense. 

Section  5.  COSTS  AND  FEES. — The  court  may,  at  its  dis¬ 
cretion,  in  case  no  order  of  commitment  is  entered,  require  that 
the  costs  shall  be  paid  in  whole  or  in  part  by  the  relative  or  rel¬ 
atives  or  guardian  filing  the  petition.  The  fees  paid  for  the  at¬ 
tendance  of  witnesses  and  examiners  and  the  execution  of  legal 
process  shall  be  the  same  as  those  allowed  by  law  for  similar 
services  in  other  cases. 

Section  6.  DISCHARGE  OF  PERSONS  COMMITTED 
AS  FEEBLE-MINDED,  ETC. — No  person  committed  to  an  in¬ 
stitution  under  the  provisions  of  this  act  shall  be  thereafter  dis¬ 
charged  therefrom  except  upon  the  joint  certificate  of  the  super¬ 
intendent  of  the  institution  and  the  secretary  of  the  state  board 
or  charities  and  corrections,  and  upon  the  order  of  the  court 


160 


Report  of  the  Missouri 


[46 


making  the  commitment.  Petitions  for  such  discharge  may  be 
filed  in  such  court  by  any  person  interested  at  any  time  after 
one  year  after  the  commitment,  and  if  on  a  hearing,  as  provided 
for  in  Section  2  hereof,  the  court  shall  find  that  the  person  is  a 
proper  one  to  be  discharged,  it  shall  enter  an  order  of  discharge. 

Section  7.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  KEEP  RECORDS  OF  COMMITMENTS.— It 
shall  be  the  duty  of  the  county  superintendent  of  public  welfare 
in  each  county  to  keep  and  maintain  a  complete  record  of  each 
case  of  commitment  to  a  state  institution  for  the  feeble-minded 
by  the  circuit  court  of  the  county. 

Section  8.  INCONSISTENT  AND  CONFLICTING  ACTS 
REPEALED. — Sections  1508  and  1509  of  the  Revised  Statutes 
of  Missouri  of  1909  are  hereby  repealed.  All  acts  and  parts 
of  acts  inconsistent  or  in  conflict  with  this  act  are  hereby  re¬ 
pealed. 


II. 

PROVIDING  INCREASED  FACILITIES  FOR  THE 
CARE  OF  THE  FEEBLE-MINDED. 

(Page  54,  Section  2.) 

An  act  to  provide  for  the  management  of  the  Colony  for  Feeble¬ 
minded  at  Marshall  and  for  the  establishment  of  additional  col¬ 
onies. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY  OF 
THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  It  shall  be  the  duty  of  the  board  of  managers 
of  the  Missouri  colony  for  the  feeble-minded  and  epileptic  at 
Marshall,  as  soon  as  funds  therefor  are  available,  to  segregate 
into  separate  colonies  those  inmates  who  are  afflicted  with  epi¬ 
lepsy.  It  shall  also  be  the  duty  of  said  board  of  managers  to 
segregate  into  separate  colonies  or  institutions,  or  if  this  is  im¬ 
possible,  than  into  separate  wards  or  detached  cottages,  all 
feeble-minded  delinquents,  prostitutes,  children  and  other 
classes  of  inmates,  who,  for  their  own  welfare  or  the  welfare  of 
other  inmates,  should  be  segregated.  The  board  of  managers 
shall  also  establish  and  maintain  a  separate  cottage  or  cottages 
for  colored  inmates. 

Section  2.  The  board  of  managers  of  said  colony  is  here¬ 
by  empowered  to  establish  other  colonies  in  temporary  or  per- 


46] 


Children's  Code  Commission. 


161 


manent  camps,  in  connection  with  the  central  colony  at  Mar¬ 
shall,  at  any  place  or  places  in  the  state  where  the  inmates  may 
be  profitably  employed  and  their  welfare  better  secured. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  or  in  con¬ 
flict  with  this  act  are  hereby  repealed. 


III. 

COMMITMENT  OF  DEAF  CHILDREN  TO  THE  STATE 

INSTITUTION. 

(Page  — ,  Section  — .) 

An  ad  to  amend  Section  1495  of  Article  11  of  Chapter  19  of 
the  Revised  Statutes  of  Missouri  of  1909,  as  amended  by  an  act  of 
the  4 8th  General  Assembly ,  approved  March  23,  1915,  entitled  “An 
act  to  amend  Section  1495  of  the  Revised  Statutes  of  Missouri  re¬ 
lating  to  the  School  for  the  Deaf ,  by  striking  the  word  forty 9  out 
of  the  twelfth  line  of  said  section  and  inserting  the  word  * sixty 9 
in  lieu  thereof ,”  as  it  appears  in  the  Laws  of  Missouri  of  1915  on 
pages  208  and  209,  by  striking  out  parts  of  lines  9,  10  and  12  and 
inserting  certain  words  in  lieu  thereof. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  1495  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909,  as  it  appears  on  page  209  of  the  Laws  of  Missouri 
of  1915  be ,  and  the  same  is  hereby  amended  by  striking  out  in  line 
4  of  said  section  the  words  “probate  court,  or  the  judge  thereof  in 
vacation ”  and  inserting  in  lieu  thereof  the  words  “juvenile  division 
of  the  circuit  court  or  the  judge  or  referee  thereof  in  vacation”; 
by  striking  out  in  lines  5  and  6  the  words  “between  the  ages  of  8 
and ”  and  inserting  in  lieu  thereof  the  words  “under  the  age  of”; 
and  by  inserting  before  the  word  “ thereof  ’  in  line  8  the  words  “or 
referee”  so  that  said  section  when  amended,  shall  read  as  follows: 

Section  1495.  PROCEEDINGS  WHEN  PARENTS  ARE 
UNABLE  TO  PAY  EXPENSES. — Whenever  upon  petition  of 
any  person,  and  satisfactory  evidence  adduced  to  the  juvenile 
division  of  the  circuit  court  or  the  judge  or  referee  thereof  in 
vacation  of  any  county  in  the  state,  that  there  is  a  deaf  person 
under  the  age  of  twenty-one  years  residing  in  said  county  who 
is  capable  of  receiving  instruction  in  said  school,  the  said  court  or 


46 — 11 


162 


Report  of  the  Missouri 


[46 


the  judge  or  referee  thereof  in  vacation  shall  certify  such  facts 
to  the  superintendent  of  the  school  for  the  deaf,  who  shall  admit 
such  deaf  person  into  the  institution  as  a  pupil;  and  in  all  cases 
where  suitable  clothing  and  means  of  defraying  necessary  traveling 
expenses  are  not  otherwise  supplied  to  a  pupil,  the  same  shall  be 
provided  by  the  steward,  under  the  direction  of  the  superintend¬ 
ent,  who  shall  make  out  an  itemized  account  therefor  against 
the  county  from  which  such  pupil  is  sent  in  a  sum  not  exceed¬ 
ing  Sixty  Dollars  ($60.00)  per  annum  for  such  pupil,  and  shall 
file  said  account  with  the  county  court  of  the  proper  county,  or 
with  the  city  auditor  or  other  proper  officer  of  the  city  of  St. 
Louis.  Said  account  shall  be  signed  by  the  superintendent  and 
attested  by  the  seal  of  the  institution,  and  when  so  certified, 
shall  be  received  as  prima  facie  evidence  in  all  courts  of  this 
state.  The  county  court,  or  city  auditor,  or  other  proper  offi¬ 
cer  of  the  city  of  St.  Louis,  shall  thereupon  cause  said  account 
to  be  paid  to  the  treasurer  of  the  institution,  who  shall  forth¬ 
with  transmit  the  same  to  the  state  treasurer,  who  shall  credit 
the  same  to  the  maintenance  fund  of  the  said  institution.  If 
said  account  be  not  paid  within  a  reasonable  time,  it  shall  be 
the  duty  of  the  superintendent  to  certify  such  fact  to  the  state 
treasurer,  with  a  copy  of  such  account,  who  shall  thereupon 
cause  suit  to  be  instituted  against  such  county  or  city  for  the 
collection  of  such  account,  and  all  amounts  so  collected  by  the 
state  treasurer  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  maintenance  fund  of  the  institution;  and  the  county 
court  of  the  proper  county  or  proper  officer  of  the  city  of  St. 
Louis,  shall,  in  the  name  of  the  county  or  city,  and  by  suit,  if 
necessary,  collect  the  amount  of  such  accounts  from  the  par¬ 
ents  or  estate  of  such  pupils,  in  case  there  is  ability  to  pay  same. 


IV. 

SPECIAL  CLASSES  IN  THE  PUBLIC  SCHOOLS  FOR 
DEFECTIVE  CHILDREN. 

(Page  54,  Section  3.) 

An  act  to  provide  for  the  education  of  feeble-minded ,  deaf , 
blind  and  crippled  children  in  special  classes  in  the  public  schools , 
to  be  known  as  Sections  10795-a,  10795-6,  10795-c,  10795 -d  and 
10795-e  of  Article  2  of  Chapter  106  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909. 


461  Children’s  Code  Commission.  163 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY  OF 
THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  2  of  Chapter  106  of  the  Revised 
Statutes  of  Missouri  of  1909,  be ,  and  the  same  is  hereby  amended 
by  adding  thereto  new  sections ,  to  be  known  as  Sections  10795-a, 
10795-6,  10795-c,  10795-d  and  10795-e,  to  read  as  follows : 

Section  10795-a.  SPECIAL  CLASSES  FOR  FEEBLE¬ 
MINDED,  DEAF,  BLIND  AND  CRIPPLED  CHILDREN  — 
Whenever  in  any  school  district  there  shall  be  found  ten  or 
more  children  who  are  blind,  or  who  are  deaf,  or  who  are  crip¬ 
pled  but  yet  able  to  be  moved  about  or  who  are  feeble-minded 
and  yet  capable  of  instruction,  the  board  of  education  or  board 
of  directors  of  the  district  shall  provide  appropriate  instruction 
in  a  special  class  for  such  groups  of  ten  or  more  of  each  class  of 
defectives,  and  shall  provide  transportation  to  and  from  school, 
for  such  children  as  could  not  otherwise  attend.  Instruction, 
which  is  adapted  to  the  varying  physical  and  mental  capacities 
and  handicaps  of  the  children,  must  be  provided  in  these  classes 
under  the  regulations  of  the  state  department  of  education.  It 
shall  be  the  duty  of  the  board  of  education  or  board  of  directors 
in  each  school  district  to  ascertain  annually  the  number  of  chil¬ 
dren  in  a  district  who  belong  to  any  of  the  above  types. 

Section  10795-b. — Where  two  or  more  school  districts  each 
have  less  than  ten  children  in  any  of  the  classes  of  defectives 
provided  for  in  Section  10795-a,  the  boards  of  education  or 
boards  of  directors  of  such  school  districts  may  contract  with 
each  other  for  the  establishment  of  special  classes  for  the  edu¬ 
cation  of  such  children  in  one  or  the  other  of  said  districts,  pro¬ 
vided  the  pupils  cannot  be  accommodated  in  the  appropriate 
state  institutions  established  for  their  training. 

Section  10795-c.  APPROPRIATION. — The  state  shall  ap¬ 
propriate  out  of  the  general  school  revenues  the  sum  of  three 
hundred  dollars  annually  to  each  local  school  district  for  the 
proper  support  of  each  class  provided  for  in  Sections  10795-a  and 
10795-b. 

Section  10795-d.  The  state  board  of  charities  and  correc¬ 
tions  is  hereby  authorized  (where  no  special  classes  have  been 
provided,  or  instruction  arranged  for  as  provided  in  this  act, 
and  where  proper  home  instruction  is  not  given  as  provided  in 
Section  10897)  to  take  charge  of  and  provide  for  the  proper 
training  of  feeble-minded,  deaf,  blind  and  crippled  children 
under  the  age  of  sixteen  years  who  have  not  attained  the  eighth 


164 


Report  of  the  Missouri 


[46 


grade  in  school.  Where,  in  order  to  secure  such  training,  it  is 
necessary  to  incur  expense  for  the  transportation,  education  or 
maintenance  of  such  child,  and  where  the  state  board  of  char¬ 
ities  and  corrections  ascertains  upon  investigation,  that  the 
parent,  guardian  or  other  person  in  charge  of  such  child  is  un¬ 
able  to  bear  such  expense,  the  state  board  of  charities  and  cor¬ 
rections  is  hereby  authorized  to  incur  such  expense  for  such 
child,  and  to  charge  the  same  to  the  county  in  which  it  resided. 
It  shall  be  the  duty  of  the  county  superintendent  of  public  wel¬ 
fare  and  of  the  county  superintendent  of  schools  to  report  to 
the  state  board  of  charities  and  corrections  all  children  within 
their  counties  who  come  within  the  provisions  of  this  section. 

Section  10795-e.  All  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Y. 

CREATION  OF  A  BUREAU  FOR  MENTAL  DEFECTIVES. 

(Page  56,  Section  4.) 

An  act  to  create  a  Bureau  for  Mental  Defectives ,  under  super¬ 
intendence  of  the  Curators  of  the  University  of  Missouri. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  There  is  hereby  created  a  Bureau  for  Mental 
Defectives  to  be  organized  and  operated  under  the  superintend¬ 
ence  of  the  Curators  of  the  University  of  Missouri,  in  such  place 
or  places  as  may  be  designated  by  them.  The  functions  of  said 
Bureau  shall  be: 

(a)  The  examination  and  diagnosis  of  mentally  defective 
or  mentally  exceptional  children  wherever  called  upon  in  the 
state  by  the  courts,  public  school  authorities,  state  institutions, 
parents,  private  or  public  social  agencies. 

(b)  The  gathering  of  data,  making  of  investigations  con¬ 
cerning  the  mental  examination  and  treatment  of  mentally  de¬ 
fective  children,  the  dissemination  of  information  concerning  the 
feeble-minded  in  the  state,  and  such  other  duties  as  may  be 
prescribed  by  the  Curators  of  the  University. 

Section  2.  The  Curators  of  the  University  shall  appoint  a 
Director  of  the  Bureau  who  shall  be  a  clinical  psychologist  and 


6] 


Children's  Code  Commission. 


165 


Nho  has  had  at  least  five  years  of  practical  experience  in  schools 
ind  institutions  in  the  psychological,  social  and  educational  ex- 
imination  and  diagnosis  of  mentally  backward,  feeble-minded 
md  delinquent  cases,  and  in  directing  social  and  educational 
work  adapted  to  their  needs.  The  Curators  may  also  appoint 
such  assistants  to  the  director  of  the  Bureau  as  shall  be  neces¬ 
sary.  The  director  and  his  assistants  shall  be  appointed  in  the 
same  manner  and  shall  be  under  the  same  terms  of  service  as 
apply  to  the  faculty  appointments  in  the  University. 

Section  3.  There  is  hereby  appropriated  out  of  the  gen¬ 
eral  revenues  of  the  state  the  sum  of  $10,000  annually  for  the 
support  of  the  bureau  for  mental  defectives. 

Section  4.  All  acts  or  parts  of  acts  in  conflict  or  inconsist¬ 
ent  with  this  act  are  hereby  repealed. 


LAWS  RELATING  TO  EMPLOYMENT  OF 
CHILDREN. 


Discussion  of  these  recommendations  appears 
in  Chapter  VII,  page  59. 


(167) 


46] 


Children's  Code  Commission. 


169 


CHAPTER  VII. 

LAWS  RELATING  TO  EMPLOYMENT  OF  CHILDREN. 

1.  AGE  AT  WHICH  CHILDREN  MAY  WORK— HOURS 

OF  WORK  FOR  CHILDREN. 

2.  ISSUANCE  OF  EMPLOYMENT  CERTIFICATES. 

3.  RELATING  TO  EMPLOYMENT  OF  CHILDREN  IN 

STREET  TRADES. 

4.  EMPLOYMENT  OF  CHILDREN  UNDER  16  IN  CER¬ 

TAIN  DANGEROUS  OCCUPATIONS  PROHIB¬ 
ITED. 


I. 

AGE  AT  WHICH  CHILDREN  MAY  WORK  — HOURS  OF 
WORK  FOR  CHILDREN. 

(Page  60,  Section  1.) 

An  act  to  repeal  Sections  1715,  1716  and  1717  of  an  act  ap¬ 
proved  by  the  General  Assembly  of  the  State  of  Missouri ,  April  7, 
1911,  Laws  of  Missouri ,  1911,  page  132  et  seq.,  pertaining  to  the 
employment  of  children  and  to  substitute  in  lieu  thereof  new  sec¬ 
tions ,  to  be  known  as  Sections  1715,  1715-a,  1716,  1717,  1717-a, 
1717-6  and  1717 -c. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  sections  1715,  1716  and  1717  of  an  act  ap¬ 
proved  by  the  General  Assembly  of  the  State  of  Missouri ,  April  7, 
1911,  page  132  et  seq.,  pertaining  to  the  employment  of  children , 
be,  and  the  same  are  hereby  repealed,  and  new  sections,  to  be  known 
as  Sections  1715,  1715-a,  1716,  1717,  1717-a,  1717-6  and  1717 -c 
are  hereby  substituted  in  lieu  thereof,  as  follows: 

Section  1715.  CHILDREN  UNDER  FOURTEEN  NOT  TO 
BE  EMPLOYED,  WHEN. — No  child  under  the  age  of  fourteen 
years  shall  be  employed,  permitted  or  suffered  to  work  at  or 
be  engaged  in  any  occupation  in  this  state;  except  that  during  the 
hours  when  the  public  schools  in  the  district  in  which  the 
child  resides  are  not  in  session,  such  child  may  work  at  agri- 


[46 


170  Report  of  the  Missouri 

cultural  pursuits;  and  except  as  provided  in  Sections  1726-b, 
1726-c  and  1726-1. 

Section  1715-a.  CHILDREN  BETWEEN  FOURTEEN 
AND  SIXTEEN  NOT  TO  BE  EMPLOYED  WITHOUT  CER¬ 
TIFICATE. — No  child  over  fourteen  and  under  sixteen  years 
of  age  shall  be  employed,  permitted  or  suffered  to  work  at  or  be 
engaged  in  any  occupation  in  this  state  unless  such  child  has 
obtained  an  employment  certificate  as  provided  in  Sections 
1718  to  1724,  inclusive;  except  that  such  child  may,  without  an 
employment  certificate,  work  in  agricultural  pursuits  during  the 
hours  when  the  public  schools  in  the  district  in  which  the  child 
resides  are  not  in  session;  and  except  in  cases  where  special 
permit  is  required  as  provided  in  Sections  1726-b,  1726-c  and 
1726-1. 

Section  1716.  HOURS  OF  LABOR  OF  MINORS.— No 
child  under  the  age  of  sixteen  years  shall  be  employed,  permit¬ 
ted  or  suffered  to  work  at  or  be  engaged  in  any  occupation  in 
this  state  more  than  forty-eight  hours  in  any  one  week  nor  more 
than  eight  hours  in  any  one  day;  nor  before  the  hour  of  seven 
o’clock  in  the  morning,  nor  after  the  hour  of  seven  o’clock  in 
the  evening.  No  child  under  twenty-one  years  of  age  snail  be 
employed,  permitted  or  suffered  to  be  engaged  in  transmission 
of  dispatches  or  messenger  service  before  the  hour  of  seven 
o’clock  in  the  morning  or  after  the  hour  of  seven  o’clock  in  the 
evening. 

Section  1717.  NOTICES  TO  BE  POSTED.— The  state  fac¬ 
tory  inspector  shall  furnish  printed  forms  to  every  employer  of 
children  under  the  age  of  sixteen  and  every  such  employer  shall 
correctly  fill  in  and  post  in  a  conspicuous  place  in  every  work 
room  or  place  where  such  children  are  employed,  a  printed  no¬ 
tice,  reading  as  follows: 


NOTICE  TO  CHILDREN. 

Under  the  laws  of  Missouri  no  child  under  the  age  of  four¬ 
teen  years  can  be  employed  or  permitted  to  work  in  this  estab¬ 
lishment. 

No  child  under  the  age  of  sixteen  years  can  be  employed 
or  permitted  to  work  in  any  occupation  for  more  than  forty- 
eight  hours  in  any  one  week,  nor  for  more  than  eight  hours  in 
any  one  day;  nor  before  the  hour  of  seven  o’clock  in  the  morn¬ 
ing  nor  after  the  hour  of  seven  o’clock  in  the  evening. 


46] 


Children  s  Code  Commission. 


171 


The  working  hours  of  this  establishment  are  as  follows: 


Opening  Lunch  Closing 

Hour.  Time.  Hour. 

Monday .  A.  M.  M.  to - M.  — —  P.  M. 

Tuesday .  A.  M.  M.  to  — —  M.  - P.  M. 

Wednesday.  .  .  A.  M.  M.  to - M.  - P.  M. 

Thursday .  A.  M.  M.  to - M.  - P.  M. 

Friday .  - — —  A.  M.  - M.  to - M.  — —  P.  M. 

Saturday .  A.  M.  M.  to - M.  - P.  M. 


Section  1717-a.  LISTS  OF  CHILDREN  EMPLOYED  TO 
BE  POSTED. — Every  person,  firm  or  corporation  employing 
minors  between  the  ages  of  fourteen  and  sixteen  years  within 
this  state  shall  keep  two  complete  lists  containing  the  names, 
ages  and  places  of  residence  of  all  such  children  employed,  one 
on  file,  and  one  conspicuously  posted  near  the  principal  en¬ 
trance  of  the  place  or  establishment  in  which  such  children  are 
employed. 

Section  1717-b.  PENALTY  FOR  VIOLATING  PRECED¬ 
ING  SECTIONS. — The  violation  of  any  of  the  provisions  of  this 
act  shall  be  deemed  a  misdemeanor  and  every  day’s  violation 
shall  constitute  a  separate  offense,  and  any  person,  firm  or  cor¬ 
poration  committing  such  violation  shall  be  punished  by  a  fine 
of  not  more  than  $100.00,  or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  1717-c.  INCONSISTENT  ACTS  REPEALED.— 
All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  re¬ 
pealed. 

II. 

ISSUANCE  OF  EMPLOYMENT  CERTIFICATES. 

(Page  61,  Section  2.) 

An  act  to  repeal  Sections  1718,  1720,  1721,  1723,  1724  and 
1725  of  an  act  approved  by  the  General  Assembly  of  the  State  of 
Missouri ,  April  7,  1911,  Laws  of  Missouri,  1911  page  132,  et 
seq.,  pertaining  to  the  employment  of  children,  and  to  substitute  in 
lieu  therefor  new  sections  to  be  known  as  Sections  1718,  1720, 
1721,  1723,  1724,  1725,  1726-h,  1726  -i,  1726  -j  and  1726  -k. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Sections  1718,  1720,  1721,  1723,  1724  and 


172 


Report  of  the  Missouri 


[46 


1725  of  an  act  pproved  by  the  General  Assembly  of  the  State 
of  Missouri ,  April  7,  1911,  Laws  of  Missouri ,  1911,  page  132  et 
seq.,  pertaining  to  the  employment  of  children ,  be ,  and  the  same 
are  hereby  repealed  and  new  sections  to  be  known  as  Sections  1718, 
1720,  1721,  1723,  1724,  1725,  1726-/?,  1726-?,  1726  -f  and  1726  -/c, 
are  hereby  substituted  in  lieu  therefor  as  follows: 

Section  1718.  CHILD  NOT  TO  BE  EMPLOYED  WITH¬ 
OUT  EMPLOYMENT  CERTIFICATE.— No  child  between  the 
ages  of  fourteen  and  sixteen  years  shall  be  employed,  permitted 
or  suffered  to  work  at  or  be  engaged  in  any  occupation  in  this 
state,  unless  there  is  first  procured  and  placed  on  file  by  the 
employer  at  the  time  of  employment  an  employment  certificate 
as  hereinafter  prescribed,  except  as  provided  in  Sections  1715-a, 
1726-b,  1726-c  and  1726-1.  Such  certificate  shall  be  accessible 
to  any  factory  inspector,  and  to  any  school  attendance  officer, 
and  to  any  other  authorized  officer.  On  termination  of  the  em¬ 
ployment  of  any  such  child,  such  certificate  shall  be  forthwith 
transmitted  by  the  employer  to  the  person  who  issued  the  same, 
whereupon  such  surrendered  certificate  shall  be  canceled  and 
filed  by  such  person. 

Section  1720.  EMPLOYMENT  CERTIFICATE,  HOW 
ISSUED.— The  person  so  authorized  to  issue  an  employment 
certificate  shall  not  issue  such  certificate  until  he  has  received, 
examined,  approved  and  filed  the  following  papers,  duly  executed : 

1.  The  school  record  of  such  child  properly  filled  out  and 
signed  by  the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended.  It  shall  contain  a  statement  certi¬ 
fying  that  the  child  has  regularly  attended  the  public  schools, 
or  parochial  schools  and  has  completed  the  eighth  grade  thereof 
or  schools  and  grades  equivalent  thereto,  and  is  able  to  read 
and  write  simple  sentences  in  the  English  language.  Such 
school  record  shall  also  give  the  date  of  birth  and  residence  of 
the  child,  as  shown  on  the  record  of  the  school,  and  names  of 
its  parents,  guardian  or  custodian. 

2.  A  passport  or  duly  attested  transcript  of  the  certificate 
of  birth,  or  baptism,  or  other  religious  record,  showing  the  date 
and  place  of  birth  of  such  child. 

3.  An  affidavit  of  the  parent  or  guardian  or  custodian  of 
a  child  (which  shall  not  be  accepted,  however,  unless  a  pass¬ 
port  or  certificate  of  birth,  or  baptism,  or  other  religious  record 
is  not  obtainable),  showing  the  place  and  date  of  birth  of  such 
child.  Such  affidavit  must  be  taken  before  the  officer  issuing 


46] 


Children's  Code  Commission. 


173 


the  employment  certificate,  who  is  hereby  authorized  and  re¬ 
quired  to  administer  such  oath  without  demanding  or  receiving 
any  fee  therefor. 

4.  A  certificate  of  a  duly  licensed  physician  to  the  effect 
that  such  child  is  in  good  health  and  in  sound  physical  condi¬ 
tion  and  has  reached  the  normal  development  of  a  child  of 
its  age. 

Section  1721.  EMPLOYMENT  CERTIFICATE  NOT  TO 
BE  ISSUED  WITHOUT  PERSONAL  APPEARANCE  AND 
EXAMINATION  BEFORE  OFFICER  ISSUING  SAME.— No 
employment  certificate  shall  be  issued  until  the  child  in  ques¬ 
tion  has  personally  appeared  before  and  been  examined  by  the 
officer  issuing  the  certificate,  nor  until  such  officer,  after  making 
such  examination  has  signed  and  filed  in  his  office  a  statement 
that  the  child  can  read  and  legibly  write  simple  sentences  in 
the  English  language,  and  has  completed  the  eighth  grade  in 
some  public  school,  or  the  equivalant  thereof,  and  is  in  suffi¬ 
ciently  sound  health  and  physically  able,  to  perform  the  work 
it  intends  to  do. 

Section  1723.  EMPLOYMENT  CERTIFICATE  SUB¬ 
JECT  TO  REVIEW  BY  FACTORY  INSPECTOR  —  HOW 
CANCELED. — All  such  employment  certificates  shall  be  sub¬ 
ject  to  review  by  the  factory  inspector,  or  by  any  of  his  assist¬ 
ants  or  deputies, ‘and  may  by  him  be  canceled  if  he  finds  such 
certificate  has  been,  obtained  through  fraud,  misrepresentation 
or  falsification  of  facts.  In  such  cases  the  factory  inspector 
shall  give  written  notice  to  the  employer,  who  shall  at  once 
cause  the  minor  affected  to  be  dismissed  from  employment. 

Section  1724.  FORM  OF  EMPLOYMENT  CERTIFI¬ 
CATE. — Such  employment  certificate  shall  be  printed  on  a 
form  which  shall  be  furnished  by  the  state  superintendent  of 
schools,  and  shall  be  filled  out,  signed  and  held  for  surrender 
in  such  form. 

Section  1725.  PERSONS  ISSUING  CERTIFICATES  TO 
TRANSMIT  LIST  OF  SAME  MONTHLY  TO  STATE  SUPER¬ 
INTENDENT  OF  SCHOOLS  AND  FACTORY  INSPECTOR.— 
The  superintendent  of  instruction,  or  other  person  authorized 
to  issue  employment  certificates  shall  transmit  between  the 
first  and  tenth  days  of  each  month,  to  the  offices  of  the  state 
superintendent  of  schools  and  the  state  factory  inspector,  upon 
blanks  to  be  furnished  by  the  state  superintendent  of  schools, 
a  list  of  the  names  of  children  for  whom  certificates  have  been 


174 


Report  of  the  Missouri 


[46 


issued.  Such  list  shall  give  the  names  of  the  employers  to  whom 
the  certificates  shall  have  been  issued  and  the  nature  of  the 
occupation  the  child  has  been  permitted  to  engage  in. 

Section  1726-h.  AGE  CERTIFICATES  ISSUED  TO  CHIL¬ 
DREN  BETWEEN  SIXTEEN  AND  EIGHTEEN.— Children 
between  sixteen  and  eighteen  years  of  age  desiring  to  obtain  a 
certificate  of  age  for  purposes  of  employment  may  secure  such 
certificate  from  the  officer  authorized  to  issue  employment  cer¬ 
tificates,  as  prescribed  in  Section  1719,  which  certificate  shall 
state  on  a  form  to  be  prescribed  by  the  state  superintendent  of 
schools,  that  proof  of  age  has  been  filed  with  the  issuing  officer 
in  the  same  manner  as  prescribed  in  Section  1720. 

Section  1726-i.  ENFORCEMENT  OF  ACT.— The  state 
factory  inspector,  the  state  superintendent  of  schools,  the  pro¬ 
bation  officer  of  the  juvenile  court,  the  county  superintendent 
of  public  welfare  and  every  person  authorized  by  any  of  these, 
and  every  attendance  and  truant  officer,  shall  enforce  the  pro¬ 
visions  of  this  act. 

Section  1726-j.  PENALTY  FOR  VIOLATING  PRECED¬ 
ING  SECTIONS. — The  violation  of  any  of  the  provisions  of 
this  act  shall  be  deemed  a  misdemeanor  and  each  day’s  viola¬ 
tion  shall  constitute  a  separate  offense,  and  any  person,  firm  or 
corporation  committing  such  violation  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment. 

Section  1726-k.  All  acts  of  parts  or  acts  in  conflict  with 
this  act  are  hereby  repealed. 


III. 

RELATING  TO  EMPLOYMENT  OF  CHILDREN  IN 
STREET  TRADES. 

(Page  63,  Section  3.) 

An  act  to  repeal  Sections  1726 -a,  1726 -b,  1726-c  and  1726 -d 
of  an  act  approved  bp  the  General  Assembly  of  the  State  of  Mis¬ 
souri,  April  7,  1911,  Laws  of  Missouri,  1911,  page  132 
et  seq.,  pertaining  to  the  employment  of  children,  and  to  substitute 
in  lieu  therefor  new  sections  to  be  known  as  Sections  1726-a,  1726-6, 
1726-c,  1726-d,  1726-c,  1726-/  and  1726-g. 


461 


Children's  Code  Commission . 


175 


BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

That  Sections  1726-a,  1726-6,  1726-c  and  1726 -d  of  an  act 
approved  by  the  General  Assembly  of  the  State  of  Missouri  April 
7,  1911,  Laws  of  Missouri ,  1911,  page  132  et  seq .,  pertaining  to 
the  employment  of  children ,  be,  and  the  same  are  hereby  repealed , 
and  new  sections,  to  be  known  as  Sections  1726-a,  1827-6,  1726-c, 
1726-af,  1726-c,  1726-/  and  1726-#,  of  the  Revised  Statutes  of  the 
State  of  Missouri,  are  hereby  enacted,  as  follows: 

Section  1726-a.  BOYS  UNDER  12  AND  GIRLS  UNDER 
18  NOT  TO  SELL  ARTICLES  IN  CERTAIN  PLACES.— No 
boy  under  twelve  and  no  girl  under  eighteen  years  of  age  shall 
sell,  expose,  or  offer  for  sale  any  article,  commodity  or  thing 
whatsoever  in  any  street,  hotel,  railway  station,  theatre,  vaude¬ 
ville  show  or  other  place  of  public  amusement,  place  where  in¬ 
toxicating  liquors  are  manufactured  or  sold,  public  office  build¬ 
ings  or  in  any  public  place  within  this  state. 

Section  1726-b.  PERMIT  AND  BADGE  FOR  CHILDREN 
ENGAGED  IN  STREET  TRADES.— No  boy  between  the  ages 
of  twelve  and  sixteen  years  shall,  in  this  state,  distribute,  sell, 
expose  or  offer  for  sale  in  any  street,  hotel,  railway  station,  place 
of  public  amusement,  place  where  intoxicating  liquors  are  manu¬ 
factured  or  sold,  public  office  buildings,  or  in  any  public  office,  any 
article  or  thing  whatsoever,  or  work  at  or  be  engaged  in  any  occu¬ 
pation  performed  in  any  such  place  unless  he  complies  with  all 
of  the  legal  requirements  concerning  school  attendance,  and 
unless  a  permit  and  badge  as  hereinafter  provided  shall  have , 
been  issued  to  him  by  the  superintendent  of  instruction  of  the 
board  of  education  of  the  school  district  where  such  boy  is  em¬ 
ployed,  or  by  a  person  authorized  by  him  in  writing,  or,  where 
there  is  no  superintendent  of  instruction,  by  a  person  author¬ 
ized  by  the  board  of  directors  of  the  school  district  where  such 
boy  is  employed,  upon  the  application  in  person  of  the  parent, 
guardian  or  custodian  of  the  dhild  desiring  such  permit  and 
badge,  or  in  case  said  child  has  no  parent,  guardian  or  custo¬ 
dian,  then  upon  the  application  of  his  next  friend,  being  an 
adult.  Such  permits  and  badges  shall  be  in  such  form  as  shall 
be  prescribed  by  the  state  superintendent  of  schools,  and  shall 
be  furnished  free  of  charge  by  the  persons  authorized  to  issue 
them. 

Section  1726-c.  REGULATIONS  CONCERNING  ISSU¬ 
ANCE  OF  BADGE  AND  PERMIT.— Such  permit  and  the 


176 


Report  of  the  Missouri 


[46 


badge  shall  not  be  issued  until  the  officer  issuing  the  same  shall 
have  received,  examined,  approved  and  filed  the  following  pa¬ 
pers,  duly  executed,  viz.: 

1.  Evidence  that  such  boy  is  over  twelve  years  of  age 
Such  evidence  of  age  shall  consist  of  the  proof  of  age  required 
for  the  issuing  of  an  employment  certificate  as  specified  in  Sec¬ 
tion  1720. 

2.  The  written  statement  of  the  principal  or  chief  execu¬ 
tive  officer  of  the  school  which  the  child  is  attending,  stating 
that  such  child  is  an  attendant  at  such  school,  with  the  grade 
such  child  shall  have  attained,  and  that  he  is  physically  and 
mentally  fit  for  such  employment  and  that  he  is  able  to  do  such 
work  beside  the  regular  school  work  required  by  law. 

3.  A  certificate  of  a  duly  licensed  physician  to  the  effect 
that  such  child  is  in  good  health  and  in  sound  physical  condi¬ 
tion  and  has  reached  the  normal  development  of  a  child  of  his 
age. 

After  having  received,  examined  and  placed  on  file  such 
papers,  the  officer  shall  issue  to  the  child  a  permit  and  badge. 

The  badge  shall  be  worn  conspicuously  at  all  times  by  such 
child  while  so  working,  and  shall  not  be  transferred  to  any 
other  person,  and  shall  be  returned  to  the  issuing  officer  when 
employment  for  which  it  was  issued  ceases. 

Principals  or  chief  executive  officers  of  schools  shall  keep 
complete  lists  of  all  children  in  their  schools  to  whom  permits 
and  badges,  as  herein  provided,  have  been  granted. 

Section  1726-d.  VIOLATION  OF  PROVISIONS  OF  THIS 
ACT,  HOW  PUNISHED. — Upon  the  recommendation  of  the 
principal  or  chief  executive  officer  of  the  school  which  such  child 
is  attending,  or  upon  the  recommendation  of  any  officer  charged 
with  the  duty  of  enforcing  this  act,  or  of  any  police  officer,  the 
permit  of  any  child  who  violates  any  of  the  provisions  of  this 
act,  or  who  becomes  delinquent,  may  be  revoked  by  the  officer 
issuing  the  same,  and  the  badge  taken  from  such  child. 

Section  1726-e.  ENFORCEMENT  OF  ACT.— The  state 
factory  inspector,  the  state  superintendent  of  schools,  the  pro¬ 
bation  officer  of  the  juvenile  court,  the  county  superintendent 
of  public  welfare,  and  every  person  authorized  by  any  of  these, 
and  every  attendance  and  truant  officer,  shall  enforce  the  pro¬ 
visions  of  this  act. 

Section  1726-f.  PENALTY  FOR  VIOLATING  PRECED¬ 
ING  SECTIONS. — Any  minor  who  shall  violate  any  of  the  pro- 


46] 


Children's  Code  Commission. 


177 


visions  of  this  act,  and  any  person,  firm  or  corporation  employ¬ 
ing  any  such  minor,  or  violating  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  each  day’s  viola¬ 
tion  shall  constitute  a  separate  offense,  and  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprison¬ 
ment  in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

Section  1726-g.  All  acts  or  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 


IV. 

EMPLOYMENT  OF  CHILDREN  UNDER  16  IN  CERTAIN 
DANGEROUS  OCCUPATIONS  PROHIBITED. 

(Page  64,  Section  4.) 

An  act  to  repeal  Sections  4741,  4742  and  4743  of  the  Revised 
Statutes  of  Missouri  of  1909,  relating  to  “ Miscellaneous  Offenses ,” 
and  to  enact  new  sections  in  lieu  thereof ,  to  be  known  as  Sections 
1726-/,  1726 -//?,  1726-/?,  1726-0  and  1726-p. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Sections  4741,  4742  and  4743  of  the  Re¬ 
vised  Statutes  of  Missouri  of  1909,  relating  to  “ Miscellaneous  of¬ 
fenses,"  be  and  the  same  are  hereby  repealed  and  new  sections  to  be 
known  as  Sections  1726-/,  1726-//?,  1726-/?,  1726-0  and  1726-p  are 
hereby  enacted  in  lieu  thereof ,  as  follows: 

Section  1726-1.  CHILDREN  UNDER  THE  AGE  OF  16 
NOT  TO  BE  EMPLOYED  IN  CERTAIN  OCCUPATIONS.— 
No  child  under  the  age  of  sixteen  years  shall  be  employed,  per¬ 
mitted  or  suffered  to  work  at  or  be  engaged  in  any  capacity  in 
the  operation  of  any  power  machinery  or  assisting  therein  in  any 
capacity  whatever;  nor  shall  any  such  child  be  employed,  per¬ 
mitted  or  suffered  to  work  at  or  be  engaged  in  or  about  or  in 
connection  with  any  mine  or  underground  work;  nor  shall  any 
such  child  be  permitted  or  suffered  to  work,  or  be  engaged  in  any 
capacity  in,  about  or  in  connection  with  the  preparing  of  any 
composition  in  which  dangerous  or  poisonous  acids  or  alkalis 
are  used;  the  manufacture  of  paints,  colors  or  white  leads;  dip¬ 
ping,  drying  or  packing  matches;  manufacturing,  packing  or 
storing  powder,  dynamite,  nitro-glycerin  compounds,  fuses  or 
other  explosives;  the  sewing,  lasting  or  adjustment  of  any  belt 


46—12 


178 


Report  of  the  Missouri 


[46 


to  any  machinery,  nor  in  oiling,  wiping  or  cleaning  any  ma¬ 
chinery;  nor  in  operating  or  assisting  in  operating  any  machine 
used  in  picking  wool,  cotton,  hair  or  upholstering  material;  nor 
any  job  or  cylinder  press;  nor  any  machine  used  in  polishing  or 
grinding  any  metal,  nor  any  machine  used  for  manufacture  of 
goods  for  immoral  purposes;  nor  in,  about  or  in  connection  with 
any  brewery,  or  other  establishment  where  malt  or  other  alco¬ 
holic  liquors  are  manufactured,  or  sold,  packed,  wrapped  or 
bottled;  hotel,  pool  or  billiard  hall;  wholesale  drug  store;  sa¬ 
loon,  nor  in  operating  any  automobile,  motor  car  or  truck,  nor 
in  bowling  alleys.  No  child  under  the  age  of  sixteen  years  shall, 
except  where  a  permit  therefor  has  first  been  secured  from  the 
state  factory  inspector  or  from  the  county  superintendent  of 
public  welfare,  acting  ks  his  deputy,  shall  be  permitted  to  make 
its  appearance  at  any  time  upon  the  stage  of  any  theater,  con¬ 
cert  hall,  moving  picture  show  or  vaudeville  show,  or  in  any 
connection  with  any  theatrical  performance,  moving  picture 
show  or  vaudeville  show  or  other  exhibition  or  show.  Such  per¬ 
mits  shall  be  furnished  by  the  state  superintendent  of  schools, 
in  a  form  to  be  prescribed  by  him,  and  shall  be  issued  free 
of  charge  to  those  entitled  thereto. 

Section  1726-m.  GIRLS  UNDER  18  NOT  TO  BE  EM¬ 
PLOYED  IN  MESSENGER  SERVICE.— No  girl  under  the  age 
of  eighteen  years  shall  be  employed,  permitted  or  suffered  to  be 
engaged  in  the  transmission  of  despatches  or  in  the  messenger 
service. 

Section  1726-n.  ENFORCEMENT  OF  ACT.— The  state 
factory  inspector,  the  state  superintendent  of  schools,  the  pro¬ 
bation  officer  of  any  juvenile  court,  the  county  superintendent 
of  public  welfare,  and  persons  authorized  by  any  of  them,  and 
every  attendance  and  truant  officer,  shall  enforce  the  provi¬ 
sions  of  this  act. 

Section  1726-0.  PENALTY  FOR  VIOLATION  OF  PRE¬ 
CEDING  SECTIONS. — Any  minor  violating  any  of  the  provi¬ 
sions  of  this  act,  and  any  person,  firm  or  corporation  employ¬ 
ing  any  such  minor,  contrary  to  the  terms  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  each  day’s  violation  shall 
constitute  a  separate  offense,  punishable  by  a  fine  of  not  more 
than  $100  or  by  imprisonment  in  the  county  jail  not  exceed¬ 
ing  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  1726-p.  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 


LAWS  RELATING  TO  EDUCATION  AND  THE  COM¬ 
PULSORY  SCHOOL  ATTENDANCE  LAW. 


Discussion  of  these  recommendations  appears 
in  Chapter  VIII,  page  66. 


46] 


Children's  Code  Commission. 


181 


CHAPTER  VIII. 

LAWS  RELATING  TO  EDUCATION  AND  THE  COMPUL¬ 
SORY  SCHOOL  ATTENDANCE  LAW. 

1.  RELATING  TO  COMPULSORY  SCHOOL  ATTEND¬ 

ANCE. 

2.  STATE  SUPERINTENDENT  OF  SCHOOLS  SHALL 

SUPERVISE  WORK  OF  INSTRUCTION  IN  CER¬ 
TAIN  STATE  INSTITUTIONS. 

I. 

COMPULSORY  SCHOOL  ATTENDANCE. 

(Page  67,  Section  1.) 

An  act  to  repeal  Sections  10897,  10907  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri ,  1909,  as  amended  by  Sections  2  and 

3.  respectively,  of  an  act  approved  by  the  General  Assembly  of  the 
State  of  Missouri,  April  7,  1911,  Laws  of  Missouri,  1911,  page 
137,  and  Sections  10896,  10898,  10901,  10902,  10905,  10906, 
10908,  10911,  10912  and  10917  of  Article  4,  Chapter  106, 
Revised  Statutes  of  Missouri,  1909,  pertaining  to  compulsory 
school  attendance  of  children  and  to  substitute  in  lieu  thereof  new 
sections,  to  be  known  as  Sections  10896,  10897,  1C898,  10900-a, 
10901,  10902  and  10903. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Sections  10897  and  10907  of  the  Revised 
Statutes  of  Missouri,  1909,  as  amended  by  Sections  2  and  3,  re¬ 
spectively,  of  an  act  approved  by  the  General  Assembly  of  the  State 
of  Missouri,  Aprill,  1911,  Laws  of  Missouri,  1911,  page  137,  and 
Sections  10896,  10898,  10901,  10902,  10905,  10906,  10908, 
10911,  10912,  10917  of  Article  4,  Chapter  106,  Revised  Statutes  of 
Missouri,  1909,  pertaining  to  compulsory  school  attendance  of  chil¬ 
dren,  be,  and  the  same  are  hereby  repealed,  and  new  sections,  to 
be  known  as  Sections  10896,  10897,  10898,  10900-a,  10901, 
10902  and  10903  are  hereby  substituted  in  lieu  therefor,  as  follows: 

Section  10896.  CHILDREN  BETWEEN  8  AND  16  RE¬ 
QUIRED  TO  ATTEND  SCHOOLS  FOR  ENTIRE  SCHOOL 


182 


Report  of  the  Missouri 


SESSION. — Every  parent,  guardian  or  other  person  in  this 
state  having  charge,  control  or  custody  of  a  child  between  the 
ages  of  eight  and  sixteen  years,  shall  cause  such  child  to  attend 
regularly  some  day  school,  public,  private,  parochial  or  parish, 
not  less  than  the  entire  time  the  school  which  said  child  attends 
is  in  session,  or  shall  provide  such  child  at  home  with  such  reg¬ 
ular  daily  instruction  during  the  usual  hours  as  shall,  in  the 
judgment  of  a  court  of  competent  jurisdiction,  be  substantially 
equivalent  at  least  to  the  instruction  given  the  children  of  like 
age  at  said  day  school  in  the  locality  in  which  said  child  resides ; 
and  every  parent,  guardian  or  person  in  this  state  having  charge, 
control  or  custody  of  a  child  between  the  ages  of  fourteen  and 
sixteen  years,  who  is  not  actually  and  regularly  and  lawfully 
engaged  for  at  least  six  hours  each  day  in  some  useful  em¬ 
ployment  or  service,  shall  cause  said  child  to  attend  regularly 
some  day  school,  as  aforesaid. 

Section  10897.  EXEMPTIONS  FROM  SCHOOL  AT¬ 
TENDANCE  FOR  MENTAL  OR  PHYSICAL  INCAPACITY.— 


The  foregoing  section  shall  apply  to  feeble-minded,  deaf,  blind 
and  crippled  children  where  special  classes  are  provided  for 
them  as  directed  in  Sections  10795-a,  10795-b  and  10795-c  of 
the  Revised  Statutes;  provided,  however,  that  the  parent, 
guardian  or  other  person  in  this  state  having  charge,  control  or 
custody  of  such  feeble-minded,  deaf,  blind  and  crippled  chil¬ 
dren  for  whom  special  classes  are  provided,  may  provide  such 
child  at  home  with  such  regular  daily  instruction  during  the 
usual  hours  as  shall,  in  the  judgment  of  a  court  of  competent 
jurisdiction,  be  substantially  equivalent  at  least  to  the  instruc¬ 
tion  given  the  children  of  like  development  in  such  special 
classes,  and  provided  further,  that  a  child  between  the  ages 
aforesaid  may  be  excused  temporarily  from  complying  with  the 
provisions  of  this  act,  in  whole  or  in  part,  if  it  be  shown  to  the 
satisfaction  of  the  attendance  officer,  or  if  he  declines  to  ex¬ 
cuse,  to  the  satisfaction  of  a  court  of  competent  jurisdiction, 
that  said  child  is  mentally  or  physically  incapacitated  to  attend 
school  for  the  whole  period  required,  or  any  part  thereof,  or  that 
said  child  has  completed  the  common  school  course  as  pre¬ 
scribed  by  constituted  authority,  or  its  equivalent,  and  has  re¬ 
ceived  a  certificate  of  graduation  therefrom. 

Section  10898.  APPOINTMENT  OF  ATTENDANCE  OF¬ 


FICERS,  POWERS  AND  DUTIES.— The  board  having  charge 
of  public  schools  in  any  school  district  may  appoint  and  remove 


46] 


Children's  Code  Commission. 


183 


at  pleasure  one  or  more  attendance  officers  to  enforce  the  pro¬ 
visions  of  this  act  and  shall  fix  the  compensation  and  manner  of 
performance  of  the  duties  of  said  attendance  officers,  and  shall 
pay  them  from  the  public  school  funds;  and  the  attendance  of¬ 
ficer  or  officers,  as  aforesaid,  shall  have  the  right  to  investigate 
the  claims  of  children  for  exemption  under  Section  10897,  and 
to  issue  certificates  of  exemption  when  such  claims  are  estab¬ 
lished  to  his  or  their  satisfaction;  shall  serve  written  or  printed 
notices  upon  the  parents  or  guardians  or  persons  who,  having 
charge,  control  or  custody  of  children,  as  aforesaid,  violate  the 
provisions  of  said  sections ;  shall,  when  reasonable  doubt  exists 
as  to  the  age  of  any  such  child,  require  a  properly  attested  birth 
certificate  or  an  affidavit  stating  such  child’s  age,  giving  date  of 
birth,  physical  characteristics  and  bearing  the  signature  of  the 
child;  shall  have  the  right  to  visit  and  enter  any  mine,  office, 
factory,  workshop,  business  house,  place  of  amusement,  or  other 
place  in  which  children  are  employed  or  engaged  in  any  kind  of 
service,  or  any  place  or  building  in  which  children  loiter  or  idle 
during  school  hours;  shall  have  the  right  to  require  a  properly 
attested  certificate  of  the  attendance  of  any  child  or  children  at 
such  day  school;  shall  have  powor  to  arrest,  without  warrant, 
any  truant,  or  non-attendants  or  other  juvenile  disorderly  per¬ 
sons,  and  place  them  in  some  school,  or  take  them  to  their 
homes,  or  take  them  to  any  place  of  detention  provided  for  neg¬ 
lected  or  delinquent  children  in  such  school  district;  shall  serve 
in  the  cases  which  they  prosecute  without  further  fee  or  com¬ 
pensation  than  that  paid  by  the  board  as  aforesaid,  and  shall 
carry  into  effect  such  other  regulations  as  may  lawfully  be  re¬ 
quired  by  the  board  appointing  them. 

Section  10900-a.  CHILDREN  UNDER  SIXTEEN  RE¬ 
QUIRED  TO  ATTEND  CONTINUATION  SCHOOLS  IN 
PART-TIME  CLASSES,  WHEREVER  ESTABLISHED.— 
Whenever  the  board  of  education  or  board  of  directors  of  any 
school  district  in  this  state  has  established  part-time  instruction 
in  continuation  schools  for  children  under  sixteen  years  of  age, 
lawfully  engaged  in  any  regular  employment,  all  such  children 
shall  be  required  to  attend  such  school  not  less  than  eight  hours 
a  week  between  the  hours  of  eight  o’clock  in  the  morning  and 
five  o’clock  in  the  evening  during  the  school  year  of  such  part- 
time  classes;  provided,  further,  that  whenever  the  part-time 
classes,  herein  provided  for,  shall  have  been  established  in  any 
school  district,  that  all  children  who  are  under  eighteen  years 


184 


Report  of  the  Missouri 


(46 


of  age,  who  have  not  completed  the  elementary  school  course 
in  the  public  schools  of  Missouri,  or  its  equivalent,  and  who  are 
not  attending  regularly  any  day  school,  shall  be  required  to  at¬ 
tend  regularly  such  part-time  classes  not  less  than  eight  hours 
a  week  between  the  hours  of  eight  o’clock  in  the  morning  and 
five  o’clock  in  the  afternoon  during  the  school  year  of  such  part- 
time  classes. 

Section  10901.  PENALTY  FOR  VIOLATING  PRECED¬ 
ING  SECTIONS. — Any  parent  or  guardian  or  person  who,  hav¬ 
ing  charge,  control  or  custody  of  any  child  between  the  ages  of 
eight  and  sixteen  years,  violates  any  provisions  of  Sections 
10896  to  10901,  inclusive,  shall  be  warned  as  aforesaid  as  soon 
as  possible  after  the  beginning  of  the  public  school  term  of  the 
district  in  which  such  child  resides,  and  also  at  any  time  there¬ 
after,  by  the  attendance  officer  herein  provided  for,  or  by  the 
clerk  of  district  when  no  attendance  officer  is  provided  for,  to 
place  and  keep  said  child  in  regular  attendance  at  some  day 
school  within  three  days  from  the  service  of  said  written  or 
printed  notice  of  warning,  and  upon  failure  to  comply  with  said 
sections  after  a  lapse  of  three  days  from  the  date  of  the  service 
of  said  notice  of  warning,  said  parent  or  guardian  or  person 
having  charge,  control  or  custody  of  any  such  child,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  pay  a  fine  of  not  less  than  ten  dollars  and  not  more  than 
twenty-five  dollars,  or  be  imprisoned  for  not  les  than  two  days 
and  not  more  than  ten  days,  or  both  such  fine  and  imprisonment. 
Provided,  that  said  sentence  of  fine  or  imprisonment,  or  both, 
may  be  suspended  and  finally  remitted  by  the  court,  with  or 
without  the  payment  of  costs,  at  the  discretion  of  the  court,  if 
the  said  child  be  immediately  placed  and  kept  in  regular  attend¬ 
ance  in  some  day  school  as  aforesaid,  and  if  such  fact  of  re¬ 
gular  attendance  is  proven  subsequently  to  the  satisfaction  of 
said  court  by  a  properly  attested  certificate  of  attendance  by 
the  superintendent,  principal  or  person  in  charge  of  said  day 
school. 

Section  10902.  ENFORCEMENT  OF  ACT.— It  shall  be 
the  duty  of  the  state  superintendent  of  schools  and  the  superin¬ 
tendents  of  instruction  of  boards  of  education  in  this  state  and 
of  the  county  superintendent  of  public  welfare  and  of  every 
attendance  and  probation  officer,  to  enforce  all  laws  re¬ 
lating  to  compulsory  school  attendance. 


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Children's  Code  Commission. 


185 


Section  10903.  COURTS  HAVING  JURISDICTION 
OVER  CASES  OF  VIOLATIONS. — Prosecutions  under  Sec¬ 
tions  10896  to  10903,  inclusive,  shall  be  brought  in  the  name  of 
the  state  of  Missouri.  The  circuit  court  shall  have  concurrent 
jurisdiction  with  the  court  having  general  jurisdiction  over 
misdemeanors  to  try  and  determine  any  cases  of  violation  of 
the  provisions  of  said  sections  and  shall  also  have  jurisdiction 
to  determine  exemptions  under  Section  10897  and  a  general 
supervisory  jurisdiction  over  the  enforcement  of  the  provisions 
of  said  sections. 


II. 

STATE  SUPERINTENDENT  OF  SCHOOLS  SHALL  SU¬ 
PERVISE  WORK  OF  INSTRUCTION  IN  CER¬ 
TAIN  STATE  INSTITUTIONS. 

(Page  68,  Section  8.) 

An  act  to  amend  Article  7,  Chapter  106  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  by  adding  thereto  three  new 
sections ,  to  be  known  as  Sections  10920-a,  10920-6  and  10920-c. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  7  of  Chapter  106  of  the  Revised 
Statutes  of  Missouri  of  1909,  be,  and  the  same  is  hereby  amended 
by  adding  thereto  three  new  sections ,  to  be  known  as  Sections  10920-a, 
10920-6  and  10920-c,  as  follows: 

Section  10920-a.  STATE  SUPERINTENDENT  SHALL 
SUPERVISE  INSTRUCTION  IN  CERTAIN  STATE  INSTI¬ 
TUTIONS. — The  supervision  of  instruction  in  the  Missouri 
School  for  the  Deaf  at  Fulton,  the  Missouri  School  for  the  Blind 
at  St.  Louis,  the  Colony  for  the  Feeble-minded  and  Epileptic  at 
Marshall,  the  Missouri  Reformatory  and  the  Missouri  Training 
School  for  Boys  at  Boonville,  the  Industrial  Home  for  Girls  at 
Chillicothe  and  the  Industrial  Home  for  Negro  Girls  at  Tipton, 
shall  be  vested  in  the  state  superintendent  of  schools.  It  shall 
be  the  duty  of  the  state  superintendent  of  schools,  in  person  or 
by  deputy,  to  visit  said  institutions,  inspect  the  work  of  instruc¬ 
tion,  designate  the  courses  of  study  and  necessary  equipment, 
and  to  make  rules  and  regulations  governing  the  educational 
work  in  said  institutions.  It  shall  also  be  the  duty  of  the  state 


186 


Report  of  the  Missouri 


[46 


superintendent  of  schools  to  examine  the  teachers  for  the  above 
named  institutions  and  grant  certificates  of  qualification  to  those 
who  pass  a  satisfactory  examination;  but  the  applicant  shall  not 
be  charged  a  fee  for  such  examination  or  certificate,  nor  shall 
the  state  superintendent  receive  any  fee  or  compensation  there¬ 
for;  and  any  person  holding  such  certificate  from  him  shall  be 
permitted  to  teach  without  further  examination  from  author¬ 
ized  examiners.  Only  persons  holding  said  certificates  from 
the  state  superintendent  of  schools  shall  be  employed  as  teach¬ 
ers  in  the  above  named  institutions.  Such  certificate  may  be 
revoked  by  the  state  superintendent  of  schools  for  incompe¬ 
tency,  cruelty,  immorality,  drunkenness  or  neglect  of  duty. 

Section  10920-b.  POWERS. — The  state  superintendent 
of  schools  is  hereby  authorized  to  incur  such  expenses  as  may 
be  necessary  to  carry  out  the  terms  of  the  preceding  section, 
subject  to  the  approval  of  the  state  board  of  education. 

Section  10920-c.  REPEALING  CONFLICTING  SEC¬ 
TIONS. — All  acts  or  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 


LAWS  RELATING  TO  HEALTH  AND  RECREATION. 


Discussion  of  these  recommendations  appears 
in  Chapter  IX,  page  70. 


(187) 


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Children's  Code  Commission. 


189 


CHAPTER  IX. 

LAWS  RELATING  TO  HEALTH  AND  RECREATION. 

1.  CREATION  OF  A  DIVISION  OF  CHILD  HYGIENE. 

2.  TREATMENT  OF  EYES  OF  NEW-BORN  INFANTS. 

3.  STATE-WIDE  USE  OF  SCHOOL  BUILDINGS  FOR 

COMMUNITY  PURPOSES. 

I. 

CREATION  OF  A  DIVISION  OF  CHILD  HYGIENE. 

(Page  71,  Section  1.) 

An  act  to  amend  Article  1  of  Chapter  53  of  the  Revised  Stat¬ 
utes  of  the  State  of  Missouri  of  1909,  by  adding  thereto  a  new  sec¬ 
tion,  to  be  known  as  Section  6653 -a,  creating  a  division  of  Child 
Hygiene ,  in  the  State  Board  of  Health. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI,  AS  FOLLOWS: 

Section  1.  That  Article  1  of  Chapter  53  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  be,  and  the  same  is  hereby  amended  by 
adding  thereto  a  new  section,  to  be  known  as  Section  6653-a,  as 
follows : 

Section  6653-a.  There  is  hereby  created  in  the  state 
board  of  health  a  division  to  be  known  as  the  division  of  child 
hygiene,  to  be  under  the  general  supervision  and  direction  of 
the  state  board  of  health.  The  general  duties  of  this  division 
of  the  state  board  of  health  shall  include  the  issuance  of  educa¬ 
tional  literature  on  the  care  of  the  baby  and  the  hygiene  of  the 
child;  the  study  of  the  causes  of  infant  mortality  and  the  appli¬ 
cation  of  preventive  measures  for  the  prevention  and  suppres¬ 
sion  of  the  diseases  of  infancy  and  childhood;  the  supervision 
and  regulation  of  the  physical  inspection  of  school  children  in 
the  public  schools  of  the  state ;  of  the  sanitary  and  hygienic  con¬ 
ditions  in  public  school  buildings  and  grounds;  of  the  practice 
of  midwifery  and  such  other  duties  as  are  prescribed  by  the 
state  board  of  health. 


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Report  of  the  Missouri 


[46 


II. 

TREATMENT  OF  EYES  OF  NEW-BORN  INFANTS. 

(Page  72,  Section  2.) 

An  act  to  repeal  Sections  8321  and  8323  of  Article  2  of  Chap¬ 
ter  78  of  the  Revised  Statutes  of  Missouri ,  1909,  and  to  enact  four 
new  sections  in  lieu  thereof ,  prescribing  treatment  of  eyes  of  new¬ 
born  infants ,  and  to  be  known  as  Sections  8321,  8321-a,  8323  and 
8323 -a. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Sections  8321  and  8323  of  Article  2  of 
Chapter  78  of  the  Revised  Statutes  of  Missouri ,  1909,  be ,  and  the 
same  are  hereby  repealed ,  and  /oizr  new  sections ,  /o  6e  known  as 
Sections  8321,  8321-a,  8323  and  8323 -a,  are  hereby  enacted  in 
lieu  thereof ,  as  follows: 

Section  8321.  TREATMENT  OF  EYES  OF  NEW¬ 
BORN  INFANTS. — Every  physician,  midwife  or  nurse  who 
shall  be  in  attendance  upon  a  new-born  infant  or  its  mother, 
shall  drop  into  the  eyes  of  such  infant,  immediately  after  de¬ 
livery,  a  solution  of  silver  nitrate  not  weaker  than  one-half  of 
one  per  cent  nor  stronger  than  one  per  cent,  or  some  other  anti¬ 
septic  solution  approved  by  the  state  board  of  health,  and  shall 
within  twenty-four  hours  thereafter,  report  in  writing  to  the 
board  of  health  of  the  city,  town  or  county  where  such  birth 
occurs,  his  or  her  compliance  with  this  section,  stating  the  solu¬ 
tion  used  by  him  or  her. 

Section  8321-a.  CASES  OF  SORE  EYES  TO  BE  RE¬ 
PORTED  TO  THE  BOARD  OF  HEALTH.— Should  one  or 
both  eyes  of  an  infant  become  inflamed,  swollen  or  red,  and 
show  an  unnatural  discharge  at  any  time  within  two  weeks  after 
its  birth,  it  shall  be  the  duty  of  the  physician,  nurse,  midwife  or 
other  attendant  having  charge  of  such  infant,  to  immediately 
report  in  writing  to  the  board  of  health  of  the  city,  town  or 
county  in  which  such  birth  occurs,  the  fact  that  such  inflama- 
tion,  swelling  and  redness  of  the  eyes  and  unnatural  discharge 
exist.  On  receipt  of  such  report,  the  board  of  health  shall 
take  such  immediate  action  as  it  may  deem  necessary  in  order 
that  blindness  may  be  prevented. 


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Children's  Code  Commission. 


191 


Section  8323.  VIOLATION  OF  THE  LAW  A  MISDE¬ 
MEANOR,  PUNISHMENT. — Any  failure  to  comply  with  the 
provisions  of  Sections  8321,  8321-a  and  8322,  shall  be  a  misde¬ 
meanor,  and  shall  be  punishable  by  a  fine  of  not  less  than  ten 
and  not  more  than  one  hundred  dollars,  or  by  imprisonment  not 
to  exceed  six  months,  or  by  both  such  fine  and  imprisonment. 

Section  8323-a.  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 


III. 

STATE-WIDE  USE  OF  SCHOOL  BUILDINGS  FOR 
COMMUNITY  PURPOSES. 

(Page  73,  Section  1.) 

An  act  to  amend  Section  10784  of  Article  2,  Chapter  106,  Re¬ 
vised  Statutes  of  Missouri ,  1909,  as  enacted  and  approved  March 
15,  1915,  by  striking  out  the  word  “may”  between  the  words  “ there¬ 
to ”  and  “allow”  and  inserting  in  lieu  thereof  the  word  “shall”  in 
line  16,  and  by  striking  out  all  of  the  last  line  thereof ,  and  all  of 
the  next  to  the  last  line ,  after  the  word  “excepted” 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  — That  Section  10784  of  Article  2,  Chapter  106, 

Revised  Statutes  of  Missouri ,  1909,  as  re-enacted  in  1915,  be  and 
the  same  is  hereby  amended ,  by  striking  out  the  word  “may”  in  line 
14  thereof ,  and  inserting  in  lieu  thereof  the  word  “shall”  between 
the  words  “thereto”  and  “allow”  and  by  striking  out  all  of  the  last 
line  thereof  and  all  of  the  next  to  the  last  line  after  the  word  “ ex¬ 
cepted ”,  so  that  said  section ,  when  so  amended ,  shall  read  as  follows : 

Section  10784.  CARE  OF  PROPERTY  AND  PURCHASE 
OF  MATERIAL— FREE  USE  OF  HOUSES,  BUILDINGS  AND 
GROUNDS— FOR  WHAT  PURPOSES.— The  board  of  direc¬ 
tors  or  board  of  education  shall  have  the  care  and  keeping  of  all 
property  belonging  to  the  dictrict,  and  shall  provide  the  neces¬ 
sary  globes,  maps,  charts,  apparatus,  supplementary  books,  and 
other  material  for  the  use  of  the  school.  The  board  shall  keep 
the  schoolhouses  and  other  buildings  in  good  repair,  the  grounds 
belonging  thereto  in  good  condition,  and  shall  provide  fuel,  heat¬ 
ing  apparatus,  and  other  material  and  appliances  necessary  for 
the  proper  heating,  lighting,  ventilation  and  sanitation  of  the 


192 


Report  of  the  Missouri 


146 


schoolhouses;  shall  have  the  floors  swept  and  the  fires  made  at 
the  expense  of  the  district,  and  cause  an  accurate  account  of  the 
expense  thereof  to  be  kept  and  a  report  of  the  same  to  be  made 
at  the  next  annual  meeting.  The  board  of  directors,  or  board 
of  education,  having  charge  of  the  schoolhouses,  buildings  and 
grounds  appurtenant  thereto  shall  allow  the  free  use  of  such 
houses,  buildings  and  grounds  for  the  free  discussion  of  public 
questions  or  subjects  of  general  public  interest,  for  the  meeting 
of  organizations  of  citizens,  and  for  such  other  civic,  social  and 
educational  purposes  as  will  not  interfere  with  the  prime  pur¬ 
pose  to  which  such  houses,  buildings  and  grounds  are  devoted; 
provided,  that  at  any  annual  or  special  meeting  the  use  of  the 
schoolhouse  for  any  of  the  above  purposes  may  by  a  majority 
vote  of  the  qualified  voters  voting  on  the  proposition  be  prohibited. 
Such  prohibition  shall  remain  in  effect  until  the  next  annual 
school  meeting.  Whenever  any  such  application  shall  be  granted 
and  the  use  of  such  houses,  buildings  or  grounds  shall  be  per¬ 
mitted  for  the  purposes  aforesaid,  the  board  of  directors,  or 
board  of  education,  having  charge  of  the  same  may  provide, 
free  of  charge,  heat,  light,  and  janitor  service  therein  when  nec¬ 
essary  and  may  make  such  other  provisions,  free  of  charge,  as 
may  be  needful  for  the  convenient  and  comfortable  use  of  such 
houses,  buildings  and  grounds  for  such  purposes,  or  said  boards  of 
directors  or  boards  of  education,  may  require  all  such  expenses  to 
be  paid  by  the  organizations  or  persons  who  are  allowed  the  use  of 
the  houses,  buildings  and  grounds.  All  persons  upon  whose  ap¬ 
plication,  or  at  whose  request  the  use  of  any  schoolhouse,  build¬ 
ing,  or  part  thereof,  or  any  grounds  appurtenant  thereto,  may 
be  permitted  as  herein  provided,  shall  be  jointly  and  severally 
liable  for  any  injury  or  damage  thereto,  which  directly  results 
from  such  use,  ordinary  wear  and  tear  excepted. 


APPENDICES. 


(193) 


46—13 


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Children's  Code  Commission. 


195 


APPENDIX  I. 

STATEMENT  IN  SUPPORT  OF  PROPOSED  LAWS  FOR 
THE  CARE  AND  SUPPORT  OF  CHILDREN  BORN 
OUT  OF  WEDLOCK. 

I.  THE  PROBLEM. 

$ 

In  1911,  which  was  the  first  year  after  the  Missouri  birth 
registration  law  went  into  effect,  700  children  were  recorded  as 
born  of  unmarried  parents  in  the  city  of  St.  Louis  alone.  In 
1912,  the  number  was  681 ;  in  1913,  it  was  714.  Eighteen  hundred 
and  twenty-two  (1822)  illegitimate  births  were  recorded  in  1912 
in  Missouri.  (29th  Annual  Report  Missouri  State  Board  of 
Health.) 

Such  children  are  handicapped  because  of  (1),  their  poor 
economic  outlook;  (2),  their  anonymous  paternity;  (3),  the 
social  stigma.  While  in  primitive  societies  the  social  stigma 
did  not  always  attach,  such  children  were  early  branded  by  the 
church  as  the  “fruit  of  sin.”  Their  mothers  were  made  out¬ 
casts,  and  the  children  were  outlawed  as  “children  of  shame.” 
The  English  common  law  adopted  the  ecclesiastical  attitude, 
and  treated  the  child  as  the  “child  of  nobody” — no  one  had 
the  duty  to  support  it,  it  was  entitled  to  no  education.  The 
Napoleonic  Code  went  further  and  forbade  any  inquiry  into  the 
paternity  of  the  child.  Modern  legislation  has  abandoned  this 
attitude,  and  has  usually  taken  one  of  three  forms:  (1),  It  has 
made  the  state  the  guardian  of  the  child  with  the  duty  of  rearing 
and  educating  it.  Such  legislation  is  common  in  Europe,  not¬ 
ably  in  Germany,  Hungary,  and  France.  (2),  It  has  recognized 
the  mother  as  the  child’s  legal  parent,  and  put  on  the  father 
some  duty  to  support  it.  Such  legislation  prevails  in  most 
civilized  countries,  and  it  is  very  common  in  the  United  States. 
(3);  It  has  given  every  child  a  place  in  the  law  without  reference 
to  its  parents’  marriage.  This  may  be  said  to  be  the  tendency 
of  the  most  recent  legislation  in  Europe,  where  the  lead  has  been 
taken  in  Norway.  (See  Anthony,  Feminism  in  Germany  and 
Scandinavia,  New  York,  1915,  pp.  142-168.) 

In  Missouri  neither  of  these  types  of  legislation  has  been 
accepted.  A  child  whose  parents  have  not  married  each  other 


196 


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146 


still  remains,  to  a  large  extent,  a  social  outcast.  It  may  inherit 
from  its  mother,  and  she  may  inherit*  from  it,  but  no  other 
change  has  been  made  in  the  common  law  as  it  came  down  to 
us  from  feudal  England.  In  the  eyes  of  law,  the  child  has  no 
father.  No  one  has  a  duty  to  support  or  educate  it,  not  even 
the  state.  It  is  left  to  “root  for  itself”,  and  take  its  chances  on 
the  poor  farm.  It  is  entitled  to  no  home,  no  parental  care,  no 
start  in  life.  It  can  pick  up  a  name  where  it  chooses.  It  can 
inherit  from  its  mother  but  in  most  cases  she  is  not  a  woman  of 
property.  (St.  Louis  statistics  show  that  almost  90  per  cent  of 
the  mothers  are  in  occupations  where  the  money  return  is  slight, 
more  than  60  per  cent  being  engaged  in  domestic  service).  In 
short,  a  child  in  Missouri  suffers  great  economic  hardship  be¬ 
cause  its  parents  failed  to  marry.  It  pays  the  penalty  for  what 
is  considered  to  be  their  sin.  It  may  be  relieved  of  the  penalty 
if  its  parents  choose  to  marry  and  acknowledge  it,  after  its  birth, 
but  in  ‘the  making  of  this  choice  it  can  have  no  part.  (The 
Status  of  Children  in  Missouri  Law,  No.  10  Law  Series,  Uni¬ 
versity  of  Missouri  Bulletin.)  Instead  of  being  given  some  com¬ 
pensation  for  occupying  a  less  favorable  position  than  a  child  born 
in  wedlock,  it  has  few  of  the  privileges  accorded  to  the  latter. 

“Unhampered  by  precedents,  we  should  say  that  on  princi¬ 
ple,  children  born  outside  of  wedlock  have  an  equal  claim  on 
both  their  parents,  and  that  the  duty  of  both  their  parents  to 
support  them  must  stand  on  an  equal  footing;  but  the  analo¬ 
gies  of  the  common  law  are  all  the  other  way.”  (Quotation 
from  Judge  Rombauer,  speaking  for  the  St.  Louis  Court  of 
Appeals  in  Easley  v.  Gordon  [1892]  51  Mo.  App.  637,  639.) 

The  present  situation  then  puts  on  the  child  a  serious  in¬ 
justice,  while  it  relieves  the  parents  of  responsibility  for  their 
acts.  A  high  infant  mortality  prevails  among  children  whose 
parents  have  not  married,  considerably  higher  than  among 
children  of  married  parents.  The  percentage  of  still  births  is 
also  larger.  Many  private  children’s  homes  attempt  to  bear 
the  burden  and  care  and  support,  but  municipalities  have  no 
legal  obligation,  and  the  tendency  is  for  the  children  to  be  con¬ 
gregated  in  the  cities  from  the  rural  communities.  The  pro¬ 
spective  mother  of  an  illegitimate  child  usually  leaves  the  smaller 
community  for  the  larger  centers  where  she  will  not  be  known. 
The  social  problems  in  this  situation  have  a  very  intimate  relation 
to  crime,  prostitution  and  racial  degeneration. 


46[ 


Children's  Code  Commission. 


197 


II.  THE  PROPOSED  SOLUTION. 

The  proposed  legislation  proceeds  on  the  following  principles: 

(1) .  That  the  law  should  recognize  nature’s  provisions  of 
two  parents  for  each  child.  It  leaves  the  child  free  in  the  choice 
of  a  name,  but  gives  him  a  right  to  have  his  paternity  established. 
“Bastard”  may  cease  to  have  its  stigma  when  every  child  has 
a  father  and  a  mother,  in  law  as  well  as  in  fact. 

(2) .  That  the  state  as  well  as  the  mother  may  act  as  an 
agent  between  the  child  and  its  father.  If  the  child’s  rights 
could  be  established  only  on  its  mother’s  complaint,  it  could 
be  deprived  of  them  as  a  result  of  her  ignorance  or  inexperience, 
or  sense  of  shame  or  neglect.  The  state  has  an  interest  in  seeing 
that  a  helpless  child  is  nurtured  and  given  such  care  as  will 
make  it  a  useful  citizen.  It  should  be  permitted  to  assert  this 
interest  by  forcing  the  father  to  shoulder  his  responsibility. 

(3) .  That  both  parents  should  be  liable  for  the  child’s  sup¬ 
port.  The  father  has  no  just  ground  to  escape.  This  is  gen¬ 
erally  recognized  in  the  United  States.  His  duty  is  owed  not 
merely  to  the  child,  but  also  to  the  state.  Moreover,  in  an  age 
when  mothers  are  frequently  wage  earners,  they,  too,  should  be 
liable  for  support.  The  proportion  of  liability,  as  between  the 
father  and  mother,  may  well  be  left  to  be  determined  with 
reference  to  circumstances. 

(4) .  That  where  the  actual  father  cannot  be  known,  a  pos¬ 
sible  father  should  be  liable  for  the  child’s  support.  The  pos¬ 
sible  consequences  of  sex  intercourse  are  universally  known.  If 
a  man  risks  them,  he  should  be  made  to  share  the  consequence. 
Nature’s  physiological  plan  puts  all  the  risk  on  the  woman — a 
social  plan  should  put  some  of  it  on  the  man  in  order  to  protect 
helpless  children  and  the  state.  Without  this  principle,  little 
would  remain  of  liability  of  a  father.  But  where  proof  is  lacking 
as  to  actual  paternity,  the  child  is  given  no  right  of  inheritance 
from  possible  fathers. 

(5) .  That  children  should  inherit  from  their  parents  with¬ 
out  reference  to  their  marriage.  As  long  as  a  parent  may  dis¬ 
inherit  a  child  born  in  wedlock,  it  seems  necessary  to  permit 
him  to  disinherit  a  child  born  out  of  wedlock.  The  proposed  law 
would  put  the  two  children  on  the  same  basis.  The  present  law 
permits  every  child  to  inherit  from  its  mother,  and  there  seems 
no  good  reason  why  it  should  not  also  inherit  from  its  father. 
The  latter’s  family  obligations  are  to  be  considered,  but  they 


198 


Report  of  the  Missouri 


146 


do  not  outweigh  the  equal  justice  to  all  of  his  children.  Long 
ago,  daughters  were  put  on  equality  with  sons  in  the  matter  of 
inheritance.  The  same  principle  is  now  proposed  for  further 
extension. 

(6) .  That  restrictions  should  be  put  on  paternity  proceed¬ 
ings  which  will  avoid  the  possibility  of  blackmail.  This  principle 
has  been  carefully  applied  in  the  drafting  of  the  act  proposed. 
It  is  provided  that  such  proceedings  shall  be  conducted  during 
the  life  of  the  person  to  be  charged  as  father;  that  the  court 
papers  shall  be  kept  secret;  that  special  permission  shall  be 
necessary  for  their  filing;  and  that  at  the  discretion  of  the  judge, 
the  proceeding  may  be  privately  conducted. 

(7) .  That  all  questions  concerning  the  support  of  children 
shall  be  brought  before  the  juvenile  court.  The  problem 
is  more  frequently  administrative  than  judicial,  and  the 
organization  of  the  juvenile  court  is  better  adapted  for  handling 
it.  Furthermore,  there  is  more  chance  of  having  expert  treat¬ 
ment  in  the  juvenile  court.  The  proposed  legislation  will  dis¬ 
courage  illegitimacy,  and  promote  morality  in  relations  between 
the  sexes.  It  offers  no  personal  advantages  to  the  woman  who 
is  the  mother  of  the  child.  For  this  reason  she  is  not  entitled  to 
any  allowances  from  the  child’s  father  except  such  as  may  be 
necessary  to  the  protection  of  the  child.  The  proposed  law  forces 
both  parents  to  bear  burdens  which  they  will  not  lightly  under¬ 
take.  It  holds  out  no  inducements  to  people  who  are  unmarried 
to  become  parents,  but  forces  them  to  a  more  serious  considera¬ 
tion  of  consequences.  This  will  not  wholly  do  away  with  such 
parentage,  but  it  should  greatly  reduce  it.  Nor  does  the  proposed 
legislation  tend  to  undermine  marriage.  The  present  distinctions 
between  children  in  the  matter  of  inheritance  do  not  really  up¬ 
hold  marriage  as  an  institution,  for  a  father  may  by  acknowledg¬ 
ment  or  adoption  extend  the  benefits  of  inheritance  to  children 
born  out  of  wedlock.  The  first  step  was  to  permit  the  father  to 
do  it — the  next  step  is  to  force  him  to  do  what  is  so  manifestly 
just  to  children  who  would  not  have  been  born  but  for  his  act. 


46] 


Children's  Code  Commission. 


199 


APPENDIX  II. 

REFERENCES  TO  STUDIES  AND  REPORTS  ON  CON¬ 
DITIONS  AFFECTING  CHILDREN  IN  MISSOURI. 


The  following  list  includes  only  such  studies  of  statewide 
interest  as  have  direct  bearing  upon  the  problems  of  child  welfare 
with  which  the  Commission  has  been  dealing. 


PRESENT  LAWS  RELATING  TO  CHILDREN. 

1.  Some  Aspects  of  the  Status  of  Children  in  Missouri; 
James,  Eldon  R.,  (University  of  Missouri  Bulletin,  Law  Series 
No.  10,  1916.) 

2.  Executory  Limitations  of  Property  in  Missouri;  Hudson, 
Manley  0.  (University  of  Missouri  Bulletin,  Law  Series  No.  11, 
1916.) 

3.  Digest  of  Missouri  Laws  Relating  to  Children.  (Pre¬ 
pared  by  the  Federal  Children’s  Bureau  for  Missouri  Children’s 
Code  Commission,  1916.) 

4.  Laws  of  Missouri  Particularly  Applicable  to  Women 
and  Children.  (The  Missouri  Printing  and  Publishing  Company, 
Mexico,  Missouri,  1912.) 

PUBLIC  ADMINISTRATION  OF  LAWS  FOR  SOCIAL 

WELFARE. 

1.  Outdoor  Relief  in  Missouri;  Warfield,  George  A.  (Russell 
Sage  Foundation,  New  York,  1915.) 

2.  Government  in  Missouri,  Local,  State  and  National; 
Loeb,  Isidor.  (American  Book  Publishing  Company,  New  York, 
1912.) 

3.  Politics  in  Public  Institutions;  Cross,  Wm.  T.  (Pro¬ 
ceedings  Missouri  Conference  of  Charities  and  Corrections,  1913.) 

4.  Needed  Reforms  in  Public  Institutions  of  Missouri; 
Cross,  Wm.  T.  (Proceedings  Missouri  Conference  of  Charities 
and  Corrections,  1913.) 

5.  City  and  County  Charities;  Wagner,  J.  L.  (Proceedings 
Missouri  Conference  of  Charities  and  Corrections,  1915.) 


200 


Report  of  the  Missouri 


[46 


6.  State  Supervision  of  Charities;  Bernstein,  Louis.  (Pro¬ 
ceedings  Missouri  Conference  of  Charities  and  Corrections,  1915.) 

7.  The  State  Institutions  in  Missouri.  (Reports  of  the 
State  Board  of  Charities  and  Corrections  of  Missouri,  1911-12, 
1913-14,  1915-16.) 

8.  Practical  Child  Welfare  in  Rural  Communities;  Greene, 
Mrs.  Charles  W.  (Proceedings  Missouri  Conference  for  Social 
Welfare,  1917.) 

9.  Rural  Welfare;  Bernard,  L.  L.  (Proceedings  Missouri 
Conference  for  Social  Welfare,  1917.) 

10.  The  Rural  Church  and  Social  Welfare;  Taylor,  A.  W. 
(Proceedings  Missouri  Conference  for  Social  Welfare,  1917.) 

11.  Features  of  Law  Creating  State  Board  of  Charities  and 
Corrections  of  Interest  to  Certain  Public  Officials.  (Bulletin 
No.  5,  State  Board  of  Charities  and  Corrections  of  Missouri, 
1913.) 

12.  Seventh  Annual  Report  Board  of  Public  Welfare, 
Kansas  City,  1915-16. 

DELINQUENT  CHILDREN. 

1.  County  Almshouses  and  Jails  of  Missouri;  Cross,  Wm.  T. 
and  Forrester,  C.  B.  (Missouri  State  Nurses’  Association  Bul¬ 
letin,  1912.) 

2.  Change  Wrought  by  Juvenile  Probation  System  in  St. 
Louis;  Elliot,  C.  C.  (International  Prison  Commission.  Chil¬ 
dren’s  Courts  in  United  States,  1904.) 

3.  The  Juvenile  Court  Law;  Baldwin,  Roger  N.  (Pro¬ 
ceedings  Missouri  Conference  of  Charities  and  Corrections,  1914.) 

4.  Juvenile  Courts  in-  Missouri.  (Reports  State  Board  of 
Charities  and  Corrections,  1911-12,  1913-14,  1915-16.) 

5.  St.  Louis  Juvenile  Court.  (Review  of  Work  for  Five- 
Year  Period,  1908-1913,  1914-1916.) 

6.  Report  of  St.  Louis  Municipal  Commission  on  Delin¬ 
quent,  Dependent  and  Defective  Children,  1911. 

7.  Report  of  the  State  Industrial  Home  for  Girls,  Chilli- 
cothe,  1913-14. 

8.  Report  of  the  Missouri'  Training  School  for  Boys,  Boon- 
ville,  1913-14. 

9.  Report  of  the  Missouri  Industrial  Home  for  Negro 
Girls,  Tipton,  1913-14. 

10.  Parole  Work  in  State  Institutions  for  Delinquent  Girls; 


46] 


Children’s  Code  Commission. 


201 


Wilson,  Miss  Franklin.  (Proceedings  Missouri  Conference  for 
Social  Welfare,  1917.) 

11.  Work  of  the  Juvenile  Court  in  St.  Louis;  Smith,  Jesse  P. 
(Proceedings  Missouri  Conference  for  Social  Welfare,  1917.) 

DEFECTIVE  CHILDREN. 

1.  Feeble-Mindedness;  Fairbank,  Alfred.  (Proceedings 
Missouri  Conference  for  Social  Welfare,  1915.) 

2.  Needs  of  Feeble-minded  in  Missouri;  Wilson,  R.  P.  C. 
(Proceedings  Missouri  Conference  for  Social  Welfare,  1915.) 

3.  The  Obligation  of  the  Schools  for  the  Training  of  Feeble¬ 
minded  Children;  Wallin,  J.  E.  W.  (Report  Board  of  Education 
of  the  City  of  St.  Louis,  1915.) 

4.  Instructions  for  Special  Classes.  (Forty-fourth  Annual 
Report,  Board  of  Education  of  the  School  District  of  Kansas 
City,  1915.) 

5.  Report  of  Missouri  General  Assembly  Committee  to 
Visit  the  State  Institutions,  1909.  (Reports  Upon  Missouri 
School  for  the  Deaf  and  Dumb,  Missouri  Training  School  for 
Boys,  Missouri  School  for  the  Blind.) 

6.  Report  for  the  Missouri  School  for  the  Blind  St.  Louis 
1913-14,  1915-16.) 

7.  Report  Missouri  School  for  the  Deaf,  Fulton  (1913-14, 
1915-16.) 

8.  Report  Missouri  Colony  for  Feeble  minded  and  Epileptic, 
Marshall.  (1913-14,  1915-16.) 

9.  The  Problem  of  Feeble  minded  in  Missouri;  Wallin, 
J.  E.  W.  (Proceedings  Missouri  Conference  for  Social  Welfare, 
1917.) 

10.  The  Psycho-Educational  Clinic  and  Special  Schools, 
St.  Louis;  Wallin,  J.  E.  W.  (Report  of  Superintendent  of  In¬ 
struction  of  St.  Louis,  1916-17.) 

DESTITUTE  CHILDREN. 

1.  Needs  of  Children  in  Missouri;  Mangold,  George  B. 
(Proceedings  Missouri  Conference  of  Charities  and  Corrections, 
1913.) 

2.  Widows’  Pensions;  Cruise,  Mrs.  E.  M.  (Proceedings 
Missouri  Conference  of  Charities  and  Corrections/ 1913.) 

3.  Children  in  Missouri;  Wagner,  J.  L.  (Proceedings  Mis¬ 
souri  Conference  of  Charities  and  Corrections,  1915.) 


202 


Report  of  the  Missouri 


146 


4.  Dependent  Children  in  Missouri.  (Reports  State  Board 
of  Charities  and  Corrections  of  Missouri,  1911-12,  1913-14, 
1915-16.) 

5.  A  Study  of  1,000  Cases  of  Child  Neglect  in  St.  Louis; 
Persons,  C.  E.  (Washington  University  Studies,  1913.) 

6.  United  States  Bureau  of  Census;  Benevolent  Institu¬ 
tions.  (1910). 

7.  Illegitimate  Births  in  St.  Louis;  Mangold,  George  B. 
(St.  Louis  School  of  Social  Economy,  1914.) 

8.  Statistics  on  Illegitimate  Births  in  Missouri.  (Reports 
of  Missouri  State  Board  of  Health.) 

9.  Report  of  St.  Louis  Municipal  Commission  on  Delin¬ 
quent,  Dependent  and  Defective  Children,  1911. 

10.  A  Survey  of  the  Extent,  Financial  and  Social  Cost  of 
Desertion  and  Artificially  Broken  Homes  in  Kansas  City,  Mis¬ 
souri,  1915.  Marquis;  Eva  M. 

11.  The  Children’s  Code;  Mangold,  Geo.  B.  (Proceedings 
Missouri  Conference  for  Social  Welfare,  1917.) 

12.  Report  of  Committee  on  Children;  Lowenstein,  Lucille 
B.  (Proceedings  Missouri  Conference  for  Social  Welfare,  1917.) 

13.  The  Need  of  a  State  School  in  Missouri  for  Neglected 
and  Dependent  Children;  Edson,  D.  L.  (Proceedings  Missouri 
Conference  for  Social  Welfare,  1917.) 

14.  Care  of  Illegitimate  Children;  Mangold,  George  B. 
(Proceedings  Missouri  Conference  for  Social  Welfare,  1917.) 

CHILD  LABOR  AND  EDUCATION. 

1.  Child  Labor  in 'Missouri.  (Biennial  Report,  Missouri 
State  Factory  Inspector,  1913-14,  1915-16.) 

2.  Child  Labor  in  the  Smaller  Towns  of  Missouri.  (Na¬ 
tional  Child  Labor  Committee,  Pamphlet  44,  1911.) 

3.  Newsboys  of  St.  Louis;  Tyler,  I.  (St.  Louis  School  of 
Social  Economy,  1913.) 

4.  Industrial  Opportunities  for  Children  of  St.  Louis; 
Mangold,  George  B.  (Washington  University  Studies,  1913.) 

5.  A  Survey  of  Working  Children  in  Kansas  City;  Marquis, 
Eva  M.  (Report  Kansas  City  Board  of  Public  Welfare,  1915.) 

6.  State  Course  of  Study  for  the  Rural  and  Graded  Schools. 
(Report  of  Missouri  Superintendent  of  Schools,  1915.) 

7.  Child  Labor  Legislation  in  the  United  States;  Sumner, 
H.  L.,  and  Merritt,  E.  A.  (Federal  Children’s  Bureau,  1915.) 


46] 


Children's  Code  Commission. 


203 


8.  United  States  Bureau  of  Census.  Population,  Occupa¬ 
tion  Statistics,  Volume  4,  (1910). 

9.  Illiteracy  in  Missouri.  (United  States  Bureau  of  Census. 
Statistical  Atlas,  1914.) 

10.  Report  of  Superintendent  of  Public  Schools  of  the  State 
of  Missouri,  1913,  1917. 

11.  Moral  Peril  in  Messenger  Service;  Marquis,  Eva  M. 
(Proceedings  Missouri  Conference  for  Social  Welfare,  1915.) 

12.  A  Study  of  the  Rural  Schools  of  Saline  County,  Mis¬ 
souri;  Elliff,  J.  D.  (University  of  Missouri  Bulletin  Education 
Series  No.  11,  1915.) 

13.  Forty-fourth  Annual  Report  Board  of  Education, 
School  District,  Kansas  City,  1915. 

14.  Annual  Reports  Board  of  Education,  City  of  St.  Louis, 
1915,  1916,  1917. 

15.  Missouri  Red  Book.  Wartime  Industrial  History  of  a 
Progressive  Commonwealth,  1917. 

16.  Vocational  Education  in  Missouri.  (Missouri  State 
Board  of  Education,  Vocational  Education  Bulletin  No.  1.) 

17.  The  Co-operative  Investigation  and  Study  of  the  Rural 
Schools  of  Missouri.  (Report  of  State  Superintendent  of  Public 
Schools,  1917.) 

HEALTH  AND  RECREATION. 

1.  Social  Center  Work  in  Rural  Schools;  Robeson,  James  A. 
(Proceedings  Missouri  Conference  of  Charities  and  Corrections, 
1913.) 

2.  Mortality  Statistics.  United  States  Bureau  ot  Census, 
1910-14. 

3.  Opportunity  for  Social  Work  Opened  to  the  Visiting 
Nurse  in  Rural  Communities;  Bryant,  Willie.  (Proceedings 
Missouri  Conference  for  Social  Welfare,  1917.) 

4.  What  Rural  Health  Surveys  Have  Revealed;  Suther¬ 
land,  E.  H.  (Proceedings  Missouri  Conference  for  Social  Wel¬ 
fare,  1917.) 

5.  Thirty-fifth  Annual  Report  of  the  State  Board  of  Health 
of  Missouri,  1917. 


204 


Report  of  the  Missouri 


[46 


APPENDIX  m. 

REFERENCES  TO  LAWS  IN  THE  CHILDREN’S  CODE 
ENACTED  AT  THE  49TH  GENERAL 
ASSEMBLY,  1917. 

Page  in  1917 

Session  Acts. 

1.  Adoption  of  Children .  193 

2.  Mother’s  Pension  Act .  151 

*3.  Juvenile  Court  Act  for  Counties  of  less  than  50,000 

Population .  195 

4.  Repealing  Laws  relating  to  Apprenticeship  of  Chil¬ 

dren  . 195 

5.  Treatment  of  Delinquent  Minors  Over  Juvenile 

Court  Age .  201 

6.  Requiring  County  Clerks  to  Report  Deaf  and  Blind 

Children  to  State  Institutions .  500 

7.  Children  Under  21  Entitled  to  Benefits  of  State 

School  for  the  Blind . 191 

8.  Children  Under  21  Entitled  to  Benefits  of  State 

School  for  the  Deaf .  192 

9.  Relating  to  Commitment  to  the  Industrial  Home 

for  Negro  Girls . 150 

10.  Establishment  of  State  Detention  Home  for  Depend¬ 

ent  Children  (vetoed  by  the  Governor) .  586 

11.  Guardians  of  Friendless  Children .  109 


*See  Appendix  II. 


46] 


Children's  Code  Commission. 


205 


APPENDIX  IV. 

STATEMENT. 

Appendix  IV  contains  the  state-wide  juvenile  court  bill  and 
the  bill  to  establish  county  boards  of  public  welfare  which  were 
submitted  as  a  part  of  the  Children’s  Code  to  the  49th  General 
Assembly,  1917.  The  Commission  believes  that  a  brief  dis¬ 
cussion  of  these  measures,  both  of  which  failed  of  enactment, 
will  be  of  interest  to  child  welfare  workers  in  the  state. 

JUVENILE  COURT  ACT. 

Juvenile  courts  were  first  established  in  Missouri  in  1903 
by  an  act  applying  only  to  the  city  of  St.  Louis.  Kansas  City 
followed  with  a  juvenile  court  act  in  1905,  and  an  act  was  passed 
in  1911  creating  juvenile  courts  in  counties  of  50,000  popula¬ 
tion  and  over.  This  reached  the  five  largest  counties,  St.  Louis, 
Jackson,  Buchanan,  Jasper,  Greene  and  St.  Louis  City.  The 
act  of  1903  has  been  upheld  by  the  Supreme  Court.  (Ex  parte 
Loving,  178  Mo.  194.) 

An  act  was  passed  in  1913  applying  to  all  the  counties  of 
less  than  50,000  population.  Under  this  act  juvenile  courts 
were  established  in  over  fifty  counties,  with  probation  officers 
appointed  to  look  after  the  children  brought  under  the  court’s 
care.  This  law  was  declared  invalid  by  the  Supreme  Court 
(Ex  rel.  State  vs.  Tinchner,  166  S.  W.  1028),  and  all  the  courts 
were  at  once  abolished. 

A  new  law,  applicable  to  all  the  counties  by  amending  the 
act  of  1911,  was  prepared  to  meet  the  objections  raised  by  the 
Supreme  Court  and  introduced  in  the  Legislature  of  1915.  It 
passed  the  House  and  was  on  the  calendar  for  passage  in  the 
Senate  when  the  Legislature  adjourned. 

The  Missouri  Children’s  Code  Commission,  in  1917,  submit¬ 
ted  to  the''49th  General  Assembly  a  new  juvenile  court  act  ap¬ 
plying  to  all  of  the  state.  This  bill  met  with  opposition  in  the 
Legislature  and  a  substitute  bill,  applying  to  counties  of  less 
than  50,000  population,  was  enacted  and  is  in  operation  at  the 
present  time.  Under  it  probation  officers  have  been  appointed 
in  over  sixty  counties  in  the  state. 


206 


Report  of  the  Missouri 


[46 


STATE-WIDE  JUVENILE  COURT  ACT  SUBMITTED  BY 
THE  COMMISSION  TO  THE  49TH  GEN¬ 
ERAL  ASSEMBLY,  IN  1917. 

An  act  to  amend  an  act  approved  April  11,  1911,  entitled , 
“An  act  to  regulate  treatment  and  control  of  neglected  and  delin¬ 
quent  children ,  and  to  provide  the  necessary  places  of  detention 
therefor;  and  to  establish  juvenile  courts  in  counties  having  a  pop¬ 
ulation  of  fifty  thousand  (50,000)  inhabitants  and  over ,  and  to 
define  the  jurisdiction  of  such  juvenile  courts  over  children ,  and  re¬ 
pealing  Article  6  and  Article  7  of  Chapter  35  of  the  Revised  Stat¬ 
utes  of  Missouri,  1909,  with  an  emergency  clause by  striking  out 
in  Section  1  of  said  act  certain  words  and  inserting  certain  other 
words  in  lieu  thereof,  among  other  things  including  children  up  to 
eighteen  years  of  age;  by  striking  out  certain  words  in  Section  2  of 
said  act  and  inserting  certain  words,  so  as  to  extend  operation  of 
the  act  to  all  the  counties  in  the  state,  and  so  as  to  provide  that  in 
all  cases  arising  under  this  act  trial  shall  be  without  a  jury  and  the 
practice  and  procedure  the  same  as  in  equity ;  and  by  adding  to 
said  Section  2  a  new  paragraph  providing  for  the  appointment  of 
referees;  by  striking  out  in  Section  6  of  said  act  certain  words  and 
inserting  certain  other  words  in  lieu  thereof;  by  striking  out  in 
Section  7  of  said  act  certain  words  and  inserting  certain  other  words 
in  lieu  thereof,  providing  for  the  bringing  of  proceedings  under  this 
act  against  delinquent  children,  upon  the  complaint  of  a  probation 
officer ;  by  striking  out  in  Section  8  of  said  act  certain  words  and 
inserting  certain  other  words  in  lieu  thereof,  so  as  to  provide  that 
an  order  adjudging  a  child  delinquent  shall  not  be  deemed  a  con¬ 
viction  of  crime,  and  so  as  to  prohibit  the  commitment  of  any  child 
in  a  proceeding  under  this  act  directly  to  the  penitentiary ;  by  strik¬ 
ing  out  in  Section  9  of  said  act  certain  words  and  adding  certain 
words  to  said  Section,  so  as  to  place  the  appointment  of  probation 
and  deputy  probation  officers  on  the  merit  system;  by  inserting  in 
Section  10  of  said  act  a  provision  for  the  appointment  of  volunteer 
probation  officers;  by  striking  out  in  Section  11  of  said  act  certain 
words  and  inserting  certain  other  words  in  lieu  thereof,  so  as  to 
change  the  salaries  of  probation  and  deputy  probation  officers  in 
certain  counties;  and  by  adding  a  new  section  to  be  known  as  Sec¬ 
tion  5 -a,  relating  to  depriving  parents  of  their  rights  in  children, 
and  a  new  section  to  be  known  as  Section  8-a,  providing  that  no 
child  under  eighteen  (18)  years  of  age  shall  be  prosecuted  for  crime 
until  first  brought  before  the  juvenile  court ,  as  provided  in  this  act , 


4611 


Children's  Code  Commission. 


207 


and  providing  that  if  the  judge  of  the  juvenile  court ,  upon  hearing , 
deems  it  proper ,  he  may  certify  any  child  for  criminal  trial ,  as  by 
law  provided ,  zn  the  usual  way. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

That  the  act  of  April  11,  1911,  entitled  “An  act  to  regulate 
the  treatment  and  control  of  neglected  and  delinquent  children ,  and 
to  provide  the  necessary  places  of  detention  therefor ;  and  to  estab¬ 
lish  juvenile  courts  in  counties  having  a  population  of  fifty  thou¬ 
sand  (50, 000)  inhabitants  and  over ,  and  to  define  the  jurisdiction 
of  such  juvenile  courts  over  children ,  and  repealing  Article  6  and 
Article  7  of  Chapter  35  of  the  Revised  Statutes  of  Missouri ,  1909, 
with  an  emergency  clause "  be  amended  as  follows : 

Section  1.  By  amending  Section  1  of  said  act  by  striking 
out  in  line  2  the  words  “ seventeen  (17)  years"-  and  inserting  in 
lieu  thereof  the  words  “eighteen  (18)  years”;  by  striking  out  in 
line  8  of  Section  1  the  words  “ its  majority"  and  inserting  in  lieu 
thereof  the  words  “the  age  of  twenty-one  (21)  years”;  by  striking 
out  in  line  9  the  words  “ inflicting  a  punishment"  and  inserting  in 
lieu  thereof  the  words  “retaining  custody  of  and  confining  a  child 
for  a  period”;  by  striking  out  in  line  10  the  word  “ majority "  and 
inserting  in  lieu  thereof  the  words  “twenty-one  (21)  years”;  by 
striking  out  in  line  10  and  line  11  the  words  “ convicted  of  a  crime" 
and  inserting  in  lieu  thereof  the  words  “found  guilty  of  an  act”; 
by  striking  out  in  line  20  the  word  “ten"  and  inserting  in  lieu 
thereof  the  word  “twelve”;  by  striking  out  in  lines  15  and  24  and 
25  the  words  “seventeen  (17)  years"  and  inserting  in  lieu  thereof 
the  words  “eighteen  (18)  years.”  So  that  said  section ,  when 
amended ,  shall  read  as  follows : 

Section  1.  WHAT  CLASS  OF  CHILDREN  AFFECTED- 
DEFINITION  OF  TERMS. — This  act  shall  apply  to  children 
under  the  age  of  eighteen  (18)  years,  not  now  or  hereafter  in¬ 
mates  of  any  state  institution  or  any  institution  incorporated 
under  the  laws  of  the  state  for  the  care  and  correction  of  delin¬ 
quent  children:  Provided,  that  when  jurisdiction  has  been  ac¬ 
quired  under  the  provisions  hereof  over  the  person  of  a  child, 
such  jurisdiction  shall  continue,  for  the  purpose  of  this  act,  until 
the  child  shall  have  attained  the  age  of  twenty-one  (21)  years; 
but  nothing  in  this  act  shall  prevent  the  juvenile  court  from 
retaining  custody  of  and  confining  a  child  for  a  period  which 
shall  extend  beyond  the  age  of  twenty-one  (21)  years  in  cases 


208 


Report  of  the  Missouri 


[46 


where  the  delinquent  shall  be  found  guilty  of  an  act,  the  punish¬ 
ment  of  which  under  the  statutes  of  this  state,  when  committed 
by  persons  over  the  age  of  eighteen  years,  is  death  or  imprison¬ 
ment  in  the  penitentiary  for  a  term  of  not  less  than  ten  years. 
For  the  purpose  of  this  act,  the  words  “neglected  child”  shall 
mean  any  child  under  the  age  of  eighteen  (18)  years,  who  is 
desitute  or  homeless,  or  abandoned,  or  dependent  upon  the  pub¬ 
lic  for  support,  or  who  habitually  begs  or  receives  alms,  is  found 
living  in  any  house  of  ill-fame,  or  with  any  vicious  or  disrepu¬ 
table  person,  or  who  is  suffering  from  the  cruelty  or  depravity  of 
its  parents,  or  other  person  in  whose  care  it  may  be;  and  any 
child  who  while  under  the  age  of  twelve  (12)  years  is  found  ped¬ 
dling  or  selling  any  articles  or  singing  or  playing  any  musical 
instrument  for  gain  upon  the  street  or  giving  any  public  enter¬ 
tainments  or  accompanies  or  is  used  in  any  aid  of  any  person 
so  doing.  The  word  “delinquent  child”  shall  include  any  child 
under  the  age  of  eighteen  (18)  years  who  violates  any  law  of 
this  state,  or  any  city  or  village  ordinance,  or  who  is  incorrigible; 
or  who  knowingly  associates  with  thieves,  vicious  or  immoral 
persons,  or  who  is  growing  up  in  idleness  or  crime,  or  who  know¬ 
ingly  visits  or  enters  a  house  of  ill-repute;  or  who  knowingly  pat¬ 
ronizes  or  visits  any  policy  shop  or  place  where  any  gaming 
device  is  or  shall  be  operated;  or  who  patronizes  or  visits  any 
saloon  or  dram  house  where  intoxicating  liquors  are  sold;  or  who 
patronizes  or  visits  any  public  pool  room  or  bucket  shop;  or 
who  habitually  wanders  about  the  street  in  the  nighttime  with¬ 
out  being  on  lawful  business  or  occupation;  or  who  habitually 
wanders  about  the  streets  or  roads  or  public  places  during 
school  hours  without  being  on  any  lawful  business  or  occupa¬ 
tion;  or  who  habitually  wanders  about  any  railroad  years  or 
tracks,  or  jumps  or  who  habitually  hooks  on  to  any  train,  or 
enters  any  car  or  engine  without  lawful  authority,  or  who  is 
either  habitually  truant  from  any  day  school,  or  who,  while  in 
attendance  at  any  school  is  incorrigible,  vicious  or  immoral;  or 
who  habitually  uses  vile,  obscene,  vulgar,  profane  or  indecent 
language;  or  who  is  guilty  of  immoral  conduct  in  any  public 
place  or  about  any  schoolhouse;  or  who  habitually  and  willfully, 
and  without  the  consent  of  its  parents,  guardian  or  other  per¬ 
son  having  legal  custody  and  control  of  such  child,  absents  itself 
from  home  and  remains  away  at  night,  or  loiters  and  sleeps  in 
alleys,  cellars,  wagons,  buildings,  lots  or  other  exposed  places. 
Any  child  committing  any  of  the  acts  herein  mentioned  shall 


46] 


Children's  Code  Commission. 


209 


be  deemed  a  juvenile  delinquent  person,  and  shall  be  proceeded 
against  as  such  in  the  manner  hereinafter  provided.  Any  dis¬ 
position  of  any  delinquent  child  under  this  act,  or  evidence  given 
in  such  cases  shall  not  in  any  civil,  criminal  or  other  cause  or 
proceeding  whatever  in  any  court  be  lawful  or  proper  evidence 
against  such  child  for  any  purpose  whatever,  except  in  subse¬ 
quent  cases  against  the  same  child  under  this  act.  The  word 
“child”  or  “children”  may  mean  one  or  more  children,  and  the 
word  “parent”  or  “parents”  may  mean  one  or  both  parents 
when  consistent  with  the  intent  of  this  act.  The  word  “asso¬ 
ciation”  shall  include  any  corporation  which  includes  in  its  pur¬ 
pose  the  care  or  discipline  of  children  coming  within  the  meaning 
of  this  act.  The  word  “probation  officer”  in  all  sections  of  this 
act  defining  his  powers  and  duties,  shall  include  his  deputies. 

Section  2.  By  amending  Section  2 of  said  act  by  striking 
out  all  of  line  2  and  part  of  line  3,  beginning  with  the  words  “ Ex¬ 
ercise  and  jurisdiction ”  and  ending  with  the  words  “or  more” ;  by 
inserting  in  line  2  after  the  word  “ courts ”  and  before  the  word 
“shall”  the  words  “of  the  several  counties  of  the  state,  acting 
as  juvenile  courts”;  and  by  striking  out  a  part  of  line  4,  and  all 
of  line  5  and  part  of  line  6,  beginning  with  the  word  “ provided ”  in 
line  6;  by  inserting  in  line  8,  between  the  word  “act”  and  the  word 
“in”  the  words  “in  counties  where  there  is  but  one  judge,  such 
judge  shall  hear  and  determine  all  cases  coming  under  this 
act”;  by  striking  out  part  of  line  14,  all  of  lines  15,  16,  17,  18,  19 
and  20,  beginning  with  the  words  “and  provided”  and  ending  with 
the  words  “this  act” ;  by  striking  out  in  line  26  the  word  “such” 
and  inserting  in  lieu  thereof  the  word  “each”  after  the  word  “of” 
and  before  the  word  “counties” ;  and  by  striking  out  in  line  26  the 
words  “as  the  case  may  be” ;  by  striking  out  part  of  line  27  and  all 
of  lines  28,  29,  30  and  31,  and  part  of  line  32,  beginning  with  the 
words  “the  practice”  in  line  27  and  ending  with  the  words  “trial 
by  jury”  in  line  32;  by  striking  out  in  line  31  the  word  “such”  and 
inserting  the  word  “each”  after  the  word  “in”  and  before  the  word 
“county” ;  and  by  striking  out  in  line  32  the  word  “other”  and  in¬ 
serting  in  said  line  32,  between  the  word  “cases”  and  the  word 
“the”  the  words  “arising  under  this  act”;  and  by  adding  a  new 
paragraph  to  said  section  reading  as  follows: 

At  the  discretion  of  the  court  the  hearing  may  be  private 
in  the  presence  of  interested  parties  only  and  the  record  and 
proceedings  may  be  withheld  from  the  inspection  of  the  public. 
The  court  may,  in  its  discretion,  appoint  some  discreet  person 


46—14 


210 


Report  of  the  Missouri 


[46 


or  referee  to  hear  any  individual  case  or  annually  to  hear  such 
cases  as  may  be  referred  to  him  or  her  and  make  findings  of  fact, 
in  the  same  capacity  and  except  as  may  be  otherwise  provided 
herein,  with  like  powers  and  duties  and  under  such  practice  and 
rules,  as  far  as  practicable,  as  pertain  to  the  appointment  of 
referees.  Said  referee  shall  hear  all  cases  coming  within  the  pro¬ 
visions  of  this  act,  and  make  a  report  thereof,  with  his  or  her  conclu¬ 
sions,  findings  and  recommendations,  to  the  court.  If  no  exception 
be  taken  to  said  report  and  no  petition  for  review  be  filed,  the 
report  may  be  confirmed  by  an  order  of  said  court,  and  shall 
thereupon  be  and  become  the  judgment  of  said  court.  Until 
said  report  or  said  exceptions  shall  be  acted  upon  by  the  court, 
the  conclusions,  finding  and  recommendations  of  the  referee 
shall  stand  and  be  in  effect,  as  fully  and  effectually  as  though 
duly  confirmed  by  the  court,  and  during  the  said  time  the  referee 
shall  have  control  over  the  person  of  the  child,  and  may  alter 
or  modify  his  conclusions,  findings  and  recommendations,  and 
his  disposition  of  said  child.  The  referee  shall  have  the  same 
qualifications  as  are  now  required  for  probation  officers,  and  be 
appointed  to  hold  office  during  the  pleasure  of  the  judge  presid¬ 
ing  in  the  juvenile  court,  and  shall  receive  compensation  to  be 
fixed  by  the  court,  which,  when  appointed  annually,  shall  not 
exceed  that  received  by  a  probation  officer  and  which,  when 
appointed  in  individual  cases,  shall  not  exceed  that  fixed  by 
law  for  referees. 

So  that  said  section ,  when  amended ,  shall  read  as  follows: 

Section  2.  JURISDICTION  OF  THE  CIRCUIT  COURTS. 
The  circuit  courts  of  the  several  counties  of  the  state,  acting 
as  juvenile  courts,  shall  have  original  jurisdiction  of  all  cases 
coming  within  the  terms  of  this  act.  For  the  purpose  of  this  act, 
the  City  of  St.  Louis  shall  be  considered  a  county  within  the 
meaning  of  this  act.  In  counties  where  there  is  but  one  judge, 
such  judge  shall  hear  and  determine  all  cases  coming  under 
this  act.  In  counties  where  there  are  or  may  be  more  than  one 
circuit  judge  the  judges  of  the  circuit  court  in  such  counties 
shall  designate  one  of  their  number,  whose  duty  it  shall  be  to 
hear  and  determine  all  cases  coming  under  this  act  until  there 
be  another  judge  so  designated:  Provided,  that  in  case  of  the 
absence  or  inability  of  the  judge  designated  to  hold  said  court, 
any  one  of  said  judges  may  perform  that  duty.  A  courtroom, 
to  be  designated  the  juvenile  court  room,  shall  be  provided  or 
assigned  by  the  county  or  circuit  court  of  each  county  for  the 


46] 


Children’s  Code  Commission. 


211 


hearing  of  such  cases,  and  the  proceedings  of  the  court  in  such 
x  cases  shall  be  entered  in  a  book  or  books  to  be  kept  for  that 
purpose,  and  known  as  the  juvenile  records,  and  the  court  may 
for  convenience  be  called  the  juvenile  court.  The  clerk  of  the 
circuit  court  in  each  county  shall  act  as  the  clerk  of  the  juvenile 
court.  In  all  cases  arising  under  this  act  the  trial  shall  be  be¬ 
fore  the  court  without  a  jury,  and  the  practice  and  procedure 
customary  in  proceedings  in  equity  shall  govern  except  where 
otherwise  provided  by  this  act.  At  the  discretion  of  the  court 
the  hearing  may  be  private  in  the  presence  of  interested  parties 
only  and  the  record  and  proceedings  may  be  withheld  from  the 
public.  The  court  may,  in  its  discretion,  appoint  some  dis¬ 
creet  person  to  hear  any  individual  case  or  annually  to  hear 
such  cases  as  may  be  referred  to  him  or  her  and  make  findings 
of  fact,  in  the  same  capacity  and  except  as  may  be  otherwise 
provided  herein,  with  like  powers  and  duties  and  under  such 
practice  and  rules,  as  far  as  practicable,  as  pertain  to  the  ap¬ 
pointment  of  referees.  Said  referee  shall  hear  all  cases  coming 
within  the  provisions  of  this  act,  and  make  report  thereof,  with 
his  or  her  conclusions,  findings  and  recommendations  to  the 
court.  If  no  exceptions  be  taken  to  said  report  and  no  petition 
for  review  be  filed,  the  report  may  be  confirmed  by  an  order  of 
said  court,  and  shall  thereupon  be  and  become  the  judgment  of 
said  court.  Until  said  report  or  said  exceptions  shall  be  acted 
upon  by  the  court,  the  conclusions,  findings  and  recommenda¬ 
tions  of  the  referee  shall  stand  and  be  in  effect,  as  fully  and 
effectually  as  though  duly  confirmed  by  the  court,  and  during 
the  said  time  the  referee  shall  have  control  over  the  person  of 
the  child,  and  may  alter  or  modify  his  conclusions,  findings  and 
recommendations,  and  his  disposition  of  said  child.  The  ref¬ 
eree  shall  have  the  same  qualifications  as  are  now  required  for 
probation  officers,  and  be  appointed  and  hold  office  during  the 
pleasure  of  the  judge  presiding  in  the  juvenile  court,  and  shall 
recieve  compensation  to  be  fixed  by  the  court,  which,  when  ap¬ 
pointed  annually,  shall  not  exceed  that  received  by  a  probation 
officer,  and  when  appointed  in  individual  cases  shall  not  exceed 
that  fixed  by  law  for  referees. 

Section  3.  By  amending  Section  5  of  said  act  by  striking 
out  in  line  2  the  words  “ seventeen  (17)”  and  inserting  in  lieu  there¬ 
of  the  words  “eighteen  (18)”  so  that  said  section ,  when  so  amended , 
shall  read  as  follows : 


212 


Report  of  the  Missouri 


[46 


Section  5.  WHEN  FOUND  NEGLECTED,  CHILD  MAY 
BE  COMMITTED,  HOW. — When  any  child  under  the  age  of 
eighteen  (18)  years  shall  be  found  to  be  neglected  within  the 
meaning  of  this  act,  the  juvenile  court  may  make  an  order  com¬ 
mitting  the  child,  under  such  conditions  as  it  may  prescribe,  to 
the  care  of  some  reputable  person  of  good  moral  character,  or 
to  the  care  of  some  association  willing  to  receive  it,  embracing 
in  its  objects  the  purpose  of  caring  for  neglected  children,  or  to 
any  institution,  incorporated  under  the  laws  of  this  state  that 
may  care  for  children,  or  to  any  institution  which  now  or  here¬ 
after  may  be  established  by  the  state  or  county  for  the  care  of 
boys  or  girls,  or  the  court  may  return  the  child  to  the  parent 
or  guardian,  under  the  supervision  of  a  probation  officer.  The 
court  may,  when  the  health  or  condition  of  the  child  requires 
it,  cause  the  child  to  be  placed  in  a  public  hospital  or  institution 
for  treatment  or  care  or  in  a  private  hospital  or  institution  which 
shall  receive  it  for  like  purpose  without  charge. 

Section  4.  By  amending  Section  6  of  said  act ,  by  striking 
out  in  lines  2  and  3  the  words  “ seventeen  (17)”  and  inserting  in 
lieu  thereof  the  words  “eighteen  (18)”;  and  by  striking  out  in  line 
2  the  word  “such” ;  by  striking  out  in  lines  5  and  6  the  words  “now 
or  hereafter  having  jurisdiction  of  the  offense  charged  ,”  and  by 
striking  out  in  line  6  the  word  “such”  and  inserting  in  lieu  thereof 
the  word  “the”;  and  by  striking  out  in  lines  11  and  12  the  words 
“in  accordance  with  the  law  for  the  trial  of  such  offenses”  and 
inserting  in  lieu  thereof  the  words  “as  herein  provided”;  so  that 
said  section ,  when  amended ,  shall  read  as  follows .* 

Section  6.  CASE  TO  ORIGINATE  IN  OR  BE  TRANS¬ 
FERRED  TO  THE  JUVENILE  COURT.  — When  in  any  county 
a  child  under  the  age  of  eighteen  (18)  years  is  arrested  with  or 
without  a  warrant,  such  child  shall,  instead  of  being  taken  to 
trial  before  a  justice  of  the  peace  or  police  magistrate,  or  judge 
of  any  other  court,  be  taken  directly  before  the  juvenile  court; 
or  if  the  child  shall  have  been  taken  before  a  justice  of  the 
peace  or  police  magistrate  or  judge  of  such  other  court,  it  shall 
be  the  duty  of  said  justice  or  police  magistrate  or  judge  to 
transfer  the  case  to  such  juvenile  court,  and  of  the  officer  having 
the  child  in  charge  to  take  such  child  before  said  court,  and  the 
said  court  shall  proceed  to  hear  the  case,  as  herein  provided. 

Section  5.  By  amending  Section  7  by  inserting  after  the  word 
“act”  in  line  1  the  words  “against  a  child  as  delinquent”;  by 
striking  out  in  line  2  the  words  “ information  or”  and  by  striking 


46] 


Children's  Code  Commission. 


213 


out  part  of  line  2,  all  of  line  3,  all  of  line  4  and  part  of  line  5,  be¬ 
ginning  with  the  word  “city”  in  line  2  and  ending  with  the  words 
“or  complaints ”  in  line  5,  and  inserting  in  lieu  thereof  the  words 
“probation  officer  provided  for  in  this  act”;  by  striking  out  in 
line  8  the  word  “ information ”  and  inserting  in  lieu  thereof  the 
word  “complaint”  and  by  striking  out  in  line  9  the  word  “infor¬ 
mation”  and  inserting  in  lieu  thereof  the  word  “complaint”;  so 
that  said  section ,  when  amended ,  shall  read  as  follows: 

Section  7.  PROCEEDINGS,  HOW  HELD.— All  proceed¬ 
ings  under  this  act  against  a  child  as  delinquent  shall  be  by 
sworn  complaint,  to  be  filed  by  the  probation  officer  provided 
for  in  this  act,  verified  by  his  oath,  which  may  be  on  information 
or  belief,  or  by  oath  of  some  person  competent  to  testify  as  a 
witness  in  the  case,  or  supported  by  the  affidavit  of  such  per 
son,  which  shall  be  filed  with  the  complaint.  The  complaint 
shall  in  a  general  way  state  that  the  act  or  acts  claimed  to  have 
been  committed  by  any  child  shall  constitute  such  a  child  a 
“delinquent  child”  within  the  meaning  of  this  act.  In  place  of 
a  warrant  for  the  arrest  of  any  child  a  summons  may  issue  as 
provided  in  Section  4  of  this  act. 

Section  6.  By  amending  Section  8  by  striking  out  in  line 
5  the  words  “seventeen  (17)”  and  inserting  in  lieu  thereof  the  words 
“eighteen  (18)”;  by  inserting  in  line  6  between  the  words  “court” 
and  “all”  the  words  “except  as  otherwise  herein  provided.  No 
order  of  court  adjudging  any  child  neglected,  dependent  or  de¬ 
linquent  shall  in  any  case  be  deemed  a  conviction  of  crime”; 
and  by  inserting  in  line  8,  between  the  words  “children”  and  “rest” 
the  words  “when  proceeded  against  under  this  act”;  and  by  in¬ 
serting  between  the  words  “court”  and  “and”  in  line  8  the  words 
“provided  that  in  proceedings  hereunder  no  delinquent  shall  be 
committed  directly  to  the  penitentiary,  or  in  any  way  committed 
so  that  the  commission  to  the  penitentiary  shall  begin  before 
such  delinquent  is  twenty-one  (21)  years  of  age,”  and  by  strik¬ 
ing  out  in  the  next  to  the  last  line  the  word  “his”  and  inserting  the 
word  “the”  and  adding  after  the  word  “discretion”  the  words  “of 
said  judge.”  So  that  said  section ,  when  amended ,  shall  read  as 
follows : 

Section  8.  NO  COURT  DEPRIVED  OF  POWER  TO 
ORIGINATE  PROCEEDINGS.— Nothing  in  this  act  shall  be 
construed  as  depriving  any  court  or  magistrate  of  such  counties 
of  the  powers  now  given  them  by  the  law  to  fde  complaints  and 
issue  warrants  for  the  arrest  of  children  under  the  age  of  eight- 


214 


Report  of  the  Missouri 


[46 


een  (18)  years,  but  all  subsequent  proceedings  shall  be  had  in 
the  juvenile  court,  except  as  otherwise  herein  provided.  No 
order  of  court  adjudging  any  child  neglected,  dependent  or  de¬ 
linquent,  shall  in  any  case  be  deemed  a  convicion  of  crime,  and 
all  punishments  and  penalties  imposed  by  law  upon  persons  for 
the  commission  of  offenses  shall,  in  the  case  of  said  delinquent 
children,  when  proceeded  against  under  this  act,  rest  in  the  dis¬ 
cretion  -of  the  judge  of  the  juvenile  court,  provided  that  in  pro¬ 
ceedings  hereunder  no  delinquent  shall  be  committed  directly 
to  the  penitentiary,  or  in  any  way  committed  so  that  the  com¬ 
mission  to  the  penitentiary  shall  begin  before  such  delinquent 
is  twenty-one  (21)  years  of  age,  and  execution  of  any  sentence 
may  be  suspended  or  remitted  in  the  discretion  of  said  judge. 

Section  7.  By  amending  Section  9  of  said  act  by  striking  out 
in  line  2  the  words  “or  the  criminal  court”  ;  by  striking  out  in  line 
2  the  words  “ where  constituted ”  and  inserting  in  lieu  thereof  the 
word  “acting”;  by  adding  in  line  5,  after  the  word  “court”  and 
before  the  word  “Whenever”  the  words  “women  shall  not  be  dis¬ 
qualified  from  holding  the  position  of  probation  officer”;  by  in¬ 
serting  in  line  8,  after  the  word  “court”  the  words  “or  referee”; 
by  inserting  in  line  10,  after  the  word  “court  ”  the  words  “or  ref¬ 
eree”;  by  striking  out  in  line  11  the  words  “as  the  judge”  and  in¬ 
serting  the  word  “they” ;  by  striking  out  inline  12  the  word  “trial” 
and  inserting  in  lieu  thereof  the  word  “hearing”;  by  inserting  in 
line  13,  after  the  word  “court”  the  words  “or  referee”;  by  striking 
out  in  line  17  the  words  “five  hundred”  and  inserting  in  lieu  there¬ 
of  the  word  “fifty”  and  adding  to  the  section  the  words  “in  coun¬ 
ties  of  less  than  fifty  thousand  (50,000)  population  said  proba¬ 
tion  officer,  deputy  probation  offlicer  and  persons  in  charge  of 
places  of  detention  shall  be  appointed  with  the  approval  of  the 
state  board  of  charitiesand  corrections.”  So  that  said  section , 
when  amended ,  shall  read  as  follows: 

Section  9.  APPOINTMENT  OF  PROBATION  OFFI¬ 
CER — DUTIES. — The  circuit  court  acting  as  a  juvenile  court 
under  this  act  shall  appoint  a  discreet  person  of  good  character, 
not  under  the  age  of  twenty-five  years,  to  serve  as  probation 
officer  during  the  pleasure  of  the  court.  Women  shall  not  be 
disqualified  from  holding  the  position  of  probation  officer. 
Whenever  there  is  to  be  a  child  brought  before  the  juvenile 
court,  it  shall  be  the  duty  of  the  clerk  of  said  court,  if  practic¬ 
able,  to  notify  the  probation  officer  in  advance  of  that  fact.  It 
shall  be  the  duty  of  the  probation  officer  to  make  such  investiga- 


46] 


Children’s  Code  Commission. 


215 


tion  of  the  child  as  may  be  required  by  the  court  or  referee,  to 
be  present  in  court  in  order  to  represent  the  interests  of  the 
child  when  the  case  is  heard,  and  to  furnish  to  the  court  or  referee 
such  information,  and  assistance  they  may  require,  and  to  take 
charge  of  any  child  before  and  after  hearing,  as  may  be  directed 
by  the  court  or  referee.  Probation  officers  are  hereby  vested 
with  all  the  power  and  authority  of  sheriffs  to  make  arrests  and 
perform  other  duties  incident  to  their  office.  The  juvenile 
court  shall  have  power  to  make  rules  specifying  the  duties  of 
the  probation  officers  in  any  and  all  cases.  In  counties  now  or 
hereafter  containing  fifty  thousand  inhabitants  or  more  the  pro¬ 
bation  officer,  deputy  probation  officers  and  persons  in  charge 
of  places  of  detention  shall  be  appointed  on  the  basis  of  merit, 
after  competitive  examination  had  in  pursuance  of  rules  made  a 
matter  of  record  of  the  circuit  court.  In  counties  of  less  than 
fifty  thousand  (50,000)  population  said  probation  officer,  deputy 
probation  officers  and  persons  in  charge  of  places  of  detention 
shall  be  appointed  with  the  approval  of  the  state  board  of  char¬ 
ities  and  corrections. 

Section  8.  By  amending  Section  10  of  said  act  by  adding 
thereto  the  following:  “In  addition,  the  court  may  appoint  volun¬ 
teer  probation  officers  to  serve  without  compensation,  subject 
to  such  regulations  and  directions  as  the  court  may  deem 
proper.  Nothing  in  this  section  shall  be  construed  as  prohibit¬ 
ing  the  appointment  of  any  existing  officers  of  the  court  or  of 
the  county  or  of  any  school  district  within  the  county  to  these 
positions  with  or  without  additional  salary  within  the  limits  pro¬ 
vided  in  Section  11.”  So  that  said  section ,  when  amended ,  shall 
read  as  follows: 

Section  10.  DEPUTIES  MAY  BE  APPOINTED.— The 
judge  of  the  juvenile  court  shall  have  the  authority  to  appoint 
one  or  more  deputy  probation  officers,  to  serve  as  probation 
officers  during  the  pleasure  of  the  court.  Women  shall  not  be 
disqualified  from  holding  the  position  of  deputy  probation  of¬ 
ficer.  In  addition,  the  court  may  appoint  volunteer  probation 
officers  to  serve  without  compensation,  subject  to  such  regula¬ 
tions  and  directions  as  the  court  may  deem  proper.  Nothing  in 
this  section  shall  be  construed  as  prohibiting  the  appointment 
of  any  existing  officers  of  the  court  or  of  the  county  or  of  any 
school  district  within  the  county  to  these  positions  with  or  with¬ 
out  additional  salary  within  the  limits  provided  in  Section  11. 


216 


Report  of  the  Missouri 


[46 


Section  9.  By  amending  Section  11  of  said  act  by  striking 
out  in  line  2  the  words  “or  the  criminal  court ”  and  by  striking  out 
in  lines  6  and  7  the  words  “ one  thousand  dollars ”  and  inserting 
in  lieu  thereof  the  words  “fifteen  hundred  dollars,’’  and  by  in¬ 
serting  after  the  word  “ inhabitants ”  in  line  7  the  words  “and  not 
exceeding  one  thousand  dollars  per  annum  in  counties  of 
twenty  thousand  (20,000)  inhabitants  and  less  than  fifty  thou¬ 
sand  (50,000)  inhabitants,  and  not  exceeding  three  hundred 
dollars  per  annum  in  counties  of  less  than  twenty  thousand 
(20,000)  inhabitants”;  and  by  striking  out  in  line  9  the  words  “or 
the  criminal  court”  and  by  striking  out  in  line  12  the  words  “100,000 
and  over”  and  inserting  in  lieu  thereof  the  words  “fifty  thousand 
(50,000)  inhabitants  and  less”  and  by  striking  out  part  of  line 
13,  and  all  of  line  14,  beginning  with  the  words  “ and  not ”  in  line 
13,  and  inserting  in  lieu  thereof  the  words  “and  not  exceeding 
five  hundred  dollars  per  annum  in  counties  of  twpnty  thousand 
(20,000)  and  less  than  fifty  thousand  (50,000)  inhabitants,  and 
not  exceeding  two  hundred  dollars  per  annum  in  counties  of 
less  than  twenty  thousand  inhabitants.”  So  that  said  sedionf 
when  amended ,  shall  read  as  follows: 

Section  11.  SALARIES  OF  PROBATION  OFFICERS.— 

The  probation  officers  shall  receive  such  salary  as  the  circuit 
court  when  constituted  as  a  juvenile  court  under  this  act  may 
prescribe,  not  exceeding  twenty-five  hundred  dollars  per  annum 
in  counties  of  five  hundred  thousand  (500,000)  inhabitants  and 
over;  not  exceeding  two  thousand  dollars  in  counties  of  one 
hundred  thousand  (100,000)  inhabitants  and  less  than  five  hun¬ 
dred  thousand  (500,000)  inhabitants;  and  not  exceeding  fifteen 
hundred  dollars  in  counties  of  fifty  thousand  (50,000)  inhab¬ 
itants  and  less  than  one  hundred  thousand  (100,000)  inhab¬ 
itants;  and  not  exceeding  one  thousand  dollars  per  annum  in 
counties  of  twenty  thousand  (20,000)  inhabitants  and  less  than 
fifty  thousand  (50,000)  inhabitants;  and  not  exceeding  three 
hundred  dollars  per  annum  in  counties  of  less  than  twenty  thou¬ 
sand  (20,000)  inhabitants.  Each  deputy  probation  officer  shall 
receive  such  salary  as  may  be  prescribed  by  the  circuit  court 
when  constituted  as  a  juvenile  court  under  this  act,  not  exceed¬ 
ing  fifteen  hundred  dollars  per  annum  in  counties  of  two  hun¬ 
dred  thousand  (200,000)  inhabitants  and  over;  not  exceeding 
one  thousand  dollars  per  annum  in  counties  of  fifty  thousand 
(50,000)  inhabitants  and  less  than  two  hundred  thousand  in¬ 
habitants,  and  not  exceeding  five  hundred  dollars  per  annum 


461 


Children's  Code  Commission. 


217 


in  counties  of  twenty  thousand  inhabitants  and  less  than  fifty 
thousand  (50,000)  inhabitants,  and  not  exceeding  two  hundred 
dollars  per  annum  in  counties  of  less  than  twenty  thousand  in¬ 
habitants.  The  salaries  of  the  probation  officer  and  his  deputy 
shall  be  payable  monthly  out  of  the  funds  of  the  county,  actual 
disbursements  for  necessary  expense,  exclusive  of  office  expense, 
made  by  probation  officers  while  in  the  performance  of  their 
duties,  shall  be  reimbursed  to  them  out  of  the  county  funds 
after  approval  by  the  judge  of  the  juvenile  court;  but  no  officer 
shall  be  allowed  for  such  disbursement  a  greater  sum  than  two 
hundred  dollars  in  any  one  year. 

Section  10.  By  amending  Section  13  by  striking  out  in  line 
6  the  words  “ seventeen  (17)”  and  inserting  in  lieu  thereof  the  words 
“eighteen  (18)”;  by  striking  out  in  line  13  the  words  “ sentenced 
to  confinement ”  and  inserting  in  lieu  thereof  the  word  “com¬ 
mitted”  and  by  inserting  in  line  20  between  the  words  “ lock-up ” 
and  “ and  any  officer ”  the  words  “and  no  dependent  or  neglected 
child  shall  be  committed  to  the  State  Industrial  Home  for 
Girls  at  Chillicothe,  or  the  State  Industrial  Home  for  Negro 
Girls  at  Tipton,  or  to  the  Missouri  Reformatory  at  Boonville,  or 
any  other  institution  maintained  by  the  state  for  the  care  of  de¬ 
linquent  children.”  So  that  the  said  section ,  when  amended,  shall 
read  as  follows : 

Section  13.  DISPOSITION  OF  DELINQUENT  AND 
NEGLECTED  CHILDREN— PENALTY.— In  all  cases  arising 
under  this  act,  the  juvenile  court  shall  require  notice  to  be  given 
and  investigation  to  be  made  when  practicable,  as  in  the  several 
cases  under  this  act  provided  for,  and  may  adjourn  the  hearing 
from  time  to  time  for  the  purpose.  The  court  shall  not  commit 
a  child  under  the  age  of  eighteen  (18)  years  to  a  jail  or  police 
station;  but  if  said  child  is  unable  to  give  bail,  it  may  be  com¬ 
mitted  to  the  care  of  the  sheriff,  police  officer  or  probation  offi¬ 
cer,  who  shall,  unless  otherwise  ordered  by  the  court,  keep  such 
child  in  the  place  or  house  of  detention  provided  by  the  county, 
or  such  child  may  be  committed  to  the  care  of  any  association 
willing  to  receive  it,  having  for  one  of  its  objects  the  care  of 
neglected  and  delinquent  children.  When  the  delinquent  child 
shall  be  committed  to  any  institution  to  which  adult  convicts 
are  sentenced,  it  shall  be  unlawful  to  confine  such  child  in  the 
same  building  with  such  adult  convicts,  or  to  bring  such  child 
into  any  yard  or  building  in  which  adult  convicts  may  be  pres¬ 
ent,  or  to  permit  any  contact  or  intercourse  whatever  between 


218 


Report  of  the  Missouri 


[46 


such  child  and  such  adults.  No  child  within  the  provisions  of 
this  act  under  the  age  of  fourteen  (14)  years  shall,  under  any 
circumstances,  be  incarcerated  in  any  common  jail  or  lock-up 
and  no  dependent  or  neglected  child  shall  be  committed  to  the 
State  Industrial  Home  for  Girls  at  Chillicothe,  or  the  State  In¬ 
dustrial  Home  for  Negro  Girls  at  Tipton,  or  the  Missouri  Re¬ 
formatory  at  Boonville,  or  any  other  institution  maintained  by 
the  state  for  the  care  of  delinquent  children,  and  any  officer  or 
person  so  doing  shall  be  adjudged  guilty  of  a  misdemeanor  and 
punished  accordingly.  The  judge  of  the  juvenile  court  may 
make  in  vacation  any  order  for  the  temporary  care  of  any  child 
or  children  coming  within  the  provisions  of  this  act. 

Section  11.  By  adding  to  said  act  the  following  new  section , 
to  be  known  as  Section  5 -a: 

Section  5-a.  DEPRIVING  PARENTS  OF  THEIR 
RIGHTS  OF  CHILDREN.— If  the  court  shall  find  any  child 
under  the  age  of  majority  to  be  neglected  within  the  meaning 
of  this  act,  or  if  either  parent  of  said  child,  the  whereabouts  or 
the  name  of  the  other  parent  being  unknown,  shall  file  in  said 
proceedings  his  or  her  written  consent  to  the  action  of  the 
court,  the  court  may  by  its  judgment  and  decree  take  away 
from  and  deprive  the  natural  parent  or  parents  or  guardian  of 
all  the  legal  rights  of  such  parents  or  guardian  as  respects  the 
child,  and  thereafter  such  natural  parents  or  guardian  shall  not 
be  entitled  to  the  care  or  custody  of  said  child,  nor  to  obedience 
from  said  child,  and  such  natural  parents  or  guardian  shall 
thereby  be  relieved  from  all  obligations  to  support,  maintain 
and  educate  said  child. 

Section  12.  By  adding  to  said  act  the  following  new  section , 
to  be  known  as  Section  8-a : 

Section  8-a.  JUDGE  OF  JUVENILE  COURT  MAY  CER¬ 
TIFY  CHILD  FOR  CRIMINAL  TRIAL.— No  child  under  eight 
een  (18)  years  of  age  shall  be  prosecuted  for  crime  until  the 
matter  has  been  first  submitted  to  the  juvenile  division  of  the 
circuit  court  in  the  manner  hereinbefore  provided,  but  if  on  such 
hearing  in  the  juvenile  court  the  judge  thereof  shall  determine  v 
and  adjudge  that  any  alleged  delinquent  child  is  not  a  proper 
one  to  be  dealt  with  under  the  reformatory  provisions  of  this  act, 
then  the  complaint  shall  be  dismissed  and  such  delinquent 
child  prosecuted  under  the  general  law;  provided  that,  if  found 
guilty,  such  child  shall  not  be  committed  directly  to  the  peniten¬ 
tiary  or  in  any  way  committed  so  that  the  commitment  to  the 
penitentiary  shall  begin  before  the  age  of  twenty-one  (21)  years. 


46] 


Children's  Code  Commission. 


219 


Section  13.  INCONSISTENT  ACTS  REPEALED.— All 
acts  and  parts  of  acts,  inconsistent  with  the  provisions  of  this 
act,  are  hereby  repealed. 


ACTS  TO  ESTABLISH  COUNTY  BOARDS  OF  PUBLIC 

WELFARE. 

The  Commission  submitted  to  the  Forty-ninth  General  As¬ 
sembly  a  bill  to  create  a  Board  of  Public  Welfare  in  each  county, 
composed  of  the  three  judges  of  the  county  court,  the  county  su¬ 
perintendent  of  schools,  and  the  judge  of  the  court  hearing 
children’s  cases,  to  administer  the  laws  relating  to  children  and 
to  supervise  welfare  work  in  the  counties.  The  employment  of 
a  county  superintendent  of  public  welfare  was  optional  with  the 
board. 

Three  plans  providing  administrative  machinery  in  the 
counties  were  submitted  to  the  Commission  for  consideration  at 
the  time: 

(1)  A  paid  county  superintendent  of  public  welfare,  ap¬ 
pointed  by  and  working  under  the  supervision  of  the  county 
court. 

(2)  A  county  board  of  public  welfare  composed  of  the 
three  judges  of  the  county  court,  county  superintendent  of 
schools  and  the  judge  of  the  court  hearing  children’s  cases;  the 
employment  of  a  county  superintendent  to  be  optional  with  the 
board. 

(3)  A  county  board  of  public  welfare  of  five  members  ap¬ 
pointed  by  the  county  court,  employing  a  superintendent  of 
public  welfare. 

The  Commission  regarded  the  second  plan  as  the  most 
likely  to  be  successful  and  a  bill  for  the  creation  of  the  county 
board  of  public  welfare  was  introduced  as  a  part  of  the  Chil¬ 
dren’s  Code.  The  measure  met  opposition  in  the  Legislature, 
however,  and  was  defeated. 

After  reconsideration  and  further  conferences  with  interested 
workers  throughout  the  state,  the  plan  for  the  appointment  of 
a  superintendent  of  public  welfare  by  the  county  court  has  been 
adopted  by  the  Commission,  and  such  a  bill  will  be  introduced  in 
the  1919  Legislature.  Discussion  of  the  proposed  measure  is 
found  in  Chapter  III,  page  30. 


220 


Report  of  the  Missouri 


[46 


AN  ACT  TO  ESTABLISH  COUNTY  BOARDS  OF  PUBLIC 
WELFARE  AND  SUPPLEMENTARY  ACTS  SUBMITTED 
BY  THE  COMMISSION  TO  THE  49TH  GENERAL 
ASSEMBLY,  IN  1917 

I. 

An  act  to  establish  County  Boards  of  Public  Welfare . 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  COUNTY  BOARDS  OF  PUBLIC  WELFARE, 
HOW  CONSTITUTED. — There  is  hereby  constituted  and  es¬ 
tablished  in  each  county  a  County  Board  of  Public  Welfare, 
which  shall  consist  of  the  three  members  of  the  county  court, 
the  county  superintendent  of  schools  and  the  judge  of  the  court 
hearing  children’s  cases. 

Section  2.  COMPENSATION. — The  judges  of  the  county 
court  shall,  while  attending  to  the  duties  required  by  this  ar¬ 
ticle,  draw  such  per  diem  compensation  as  is  now  allowed  them 
by  law  while  holding  court;  provided,  that  the  judges  of  the  said 
court  shall  not  receive  any  per  diem  compensation  for  services 
rendered  hereunder  on  days  while  the  court  is  in  session  for  the 
transaction  of  other  business.  The  judge  of  the  court  hearing 
children’s  cases  and  the  county  superintendent  of  schools  shall 
receive  no  additional  salary  or  compensation  because  of  their 
duties  as  members  of  the  County  Board  of  Public  Welfare. 

Section  3.  MEETINGS. — The  County  Board  of  Public 
Welfare  shall  hold  regular  meetings  at  least  once  a  month  and 
as  many  special  meetings  as  it  may  deem  proper  and  three 
members  of  said  board  shall  constitute  a  quorum  for  the  trans¬ 
action  of  business  and  an  affirmative  vote  of  at  least  three 
members  shall  be  necessary  to  authorize  any  action  of  the 
County  Board  of  Public  Welfare. 

Section  4.  RECORDS. — The  records  of  cases  handled  and 
business  transacted  by  the  County  Board  of  Public  Welfare 
shall  be  kept  in  such  manner  and  form  as  may  be  prescribed  by 
the  State  Board  of  Charities  and  Corrections. 

Section  5.  BOARD  TO  MAKE  YEARLY  REPORT.— The 
County  Board  of  Public  Welfare  shall  each  year  prepare  a  full 
report  of  its  proceedings  during  the  year  and  shall  publish  the 
same  and  file  a  copy  with  the  secretary  of  the  State  Board  of 


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221 


Charities  and  Corrections  and  with  the  judge  of  the  circuit 
court,  on  or  before  the  first  day  of  November  of  each  year. 

Section  6.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  AND  ADDITIONAL  EMPLOYES.— The  County 
Board  of  Public  Welfare  may  appoint  officers  without  salary  to 
assist  in  the  performance  of  its  duties  and  may,  when  the  money 
is  appropriated  therefor  by  the  county  court,  employ  a  county 
superintendent  of  public  welfare  to  have  general  charge  of  all 
the  work  of  the  board  at  a  salary  to  be  fixed  by  the  county  court, 
and  may  employ  under  the  same  circumstances  such  assistants 
as  may  be  necessary. 

Section  7.  QUALIFICATIONS  OF  COUNTY  SUPERIN¬ 
TENDENT  OF  PUBLIC  WELFARE  AND  OTHER  PAID  EM¬ 
PLOYES. — The  County  Board  of  Public  Welfare  shall  appoint 
as  county  superintendent  of  public  welfare  or  as  paid  assistants 
only  such  persons  as  possess  certificates  of  qualification  as  so¬ 
cial  workers  from  the  State  Board  of  Charities  and  Corrections ; 
provided  that  the  County  Board  of  Public  Welfare  may  make 
temporary  appointments  of  persons  without  such  certificates 
when  there  is  not  available  any  person  possessing  a  certificate 
of  qualification  as  a  social  worker;  but  the  term  of  such  tempo¬ 
rary  employes  shall  expire  within  thirty  days  from  the  date  upon 
which  the  State  Board  of  Charities  and  Corrections  notifies  the 
County  Board  of  Public  Welfare  that  there  is  available  a  list  of 
persons  possessing  certificates  of  qualification  as  social  work¬ 
ers,  and  all  subsequent  appointments  must  be  made  from  such 
lists. 

Section  8.  CERTIFICATES. — Certificates  of  qualification 
as  social  worker  issued  to  persons  by  the  State  Board  of  Char¬ 
ities  and  Corrections  shall  be  of  four  grades:  Professional, 
first  grade,  second  grade  and  third  grade ;  and  shall  continue  in 
force  in  the  order  named  for  the  respective  periods  of  five  years, 
three  years,  two  years  and  one  year.  Certificates  shall  be  is¬ 
sued  only  to  persons  who  are  citizens  of  Missouri  and  who  have 
completed  the  equivalent  of  a  four  years’  high  school  course  or 
hold  teachers’  certificates  issued  by  the  state  superintendent  of 
schools,  by  a  state  normal  school  or  by  the  state  university,  and  have 
in  addition,  successfully  passed  an  examination  covering  prac¬ 
tical  questions  in  poverty,  crime,  sanitation,  recreation,  indus¬ 
trial  problems,  and  such  other  subjects  as  may  be  required  by 
the  State  Board  of  Charities  and  Corrections.  The  County 
Board  of  Examiners  of  Teachers’  Certificates  shall  conduct  the 


222 


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[46 


examinations  at  the  time  and  place  of  the  regular  teachers’  ex¬ 
aminations,  and  the  questions  for  the  papers  on  crime,  poverty, 
sanitation,  recreation,  industrial  problems,  etc.,  shall  be  pro¬ 
vided  by  the  State  Board  of  Charities  and  Corrections  which 
shall  have  charge  of  the  grading  of  the  papers. 

Professional  certificates  shall  be  issued  to  persons  of  not 
less  than  twenty-five  years  of  age,  who  have  successfully  served 
as  county  superintendent  of  public  welfare  for  a  period  of  three 
years;  provided  that  the  person  who  receives  a  professional  cer¬ 
tificate  shall  make  in  the  examinations  a  general  average  of  not 
less  than  90  per  cent.  Any  person  holding  a  professional  cer¬ 
tificate  shall  be  entitled  to  a  renewal  of  said  professional  cer¬ 
tificate  by  the  State  Board  of  Charities  and  Corrections  without 
examination;  provided,  said  applicant  shall  not  have  remained 
out  of  service  as  a  county  superintendent  of  public  welfare  or 
other  professional  social  work  longer  than  two  consecutive 
years. 

Certificates  of  the  first  grade  may  be  issued  to  persons  of 
not  less  than  twenty-one  years  of  age,  who  have  successfully 
served  as  county  superintendent  of  public  welfare  or  in  other 
professional  social  work  for  a  period  of  two  years  and  who  have 
made  in  examination  a  general  average  of  not  less  than  90  per 
cent. 

Certificates  of  the  second  grade  may  be  issued  to  persons 
of  not  less  than  twenty-one  years  of  age  who  have  served  suc¬ 
cessfully  as  county  superintendent  of  public  welfare  or  in  other 
professional  social  work  for  a  period  of  not  less  than  one  year 
and  who  have  made  in  the  examination  a  general  average  of  not 
less  than  80  per  cent. 

Certificates  of  the  third  grade  may  be  issued  to  persons  of 
not  less  than  twenty-one  years  of  age,  who  have  made  in  the 
examination  a  general  average  of  not  less  than  75  per  cent. 

Section  9.  DISBURSING  OF  FUNDS.— The  county  court 
may  appropriate  funds  to  the  Board  of  Public  Welfare  which 
shall  be  applied  by  the  Board  of  Public  Welfare  to  its  various 
activities  in  such  proportion  as  it  deems  best,  but  in  the  dis¬ 
bursement  of  its  funds  and  making  of  contracts  the  Board  of 
Public  Welfare  shall  be  subject  to  the  same  restrictions  as  con¬ 
trol  the  county  court. 

Section  10.  DUTIES  OF  THE  BOARD.— It  shall  be  the 
duty  of  the  County  Board  of  Public  Welfare  to  administer  all  of 
the  funds  devoted  to  the  care  of  the  poor,  sick  and  distressed  of 


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Children's  Code  Commission. 


223 


the  county,  and  to  administer  the  charitable  and  correctional 
institutions  of  the  county.  It  shall  seek  to  discover  any  cases 
of  neglected,  dependent,  defective  or  delinquent  children  in  the 
county  and  take  all  reasonable  action  within  its  power  to  secure 
for  them  the  full  benefits  of  the  laws  enacted  in  their  behalf. 

Section  11.  TO  ACT  AS  AUXILIARY  TO  THE  STATE 
BOARD  OF  CHARITIES  AND  CORRECTIONS.— The  County 
Board  of  Public  Welfare  may  be  deputized  or  authorized  by  the 
State  Board  of  Charities  and  Corrections  to  act  as  its  agent  in 
relation  to  any  work  to  be  done  by  the  state  board  within  the 
county,  and  when  said  County  Board  of  Public  Welfare  is  so 
authorized  as  the  agent  of  the  State  Board  of  Charities  and  Cor¬ 
rections,  it  shall  have  the  same  powers  and  authority  as  are 
given  to  the  State  Board  of  Charities  and  Corrections.  The 
County  Board  of  Public  Welfare  may  at  any  time  call  on  the 
State  Board  of  Charities  and  Corrections  for  advice  and  assist¬ 
ance  in  the  performance  of  its  duties. 

Section  12.  AFTER-CARE  OF  THE  INSANE.— The 
County  Boards  of  Public  Welfare  in  each  county  shall,  upon  re¬ 
quest  of  the  State  Board  of  Charities  and  Corrections  and  in  ac¬ 
cordance  with  its  direction,  give  special  care  and  attention  to 
the  needs  of  any  patient  recently  discharged  from  a  State  Hos¬ 
pital  for  the  Insane  who  resides  in  their  respective  counties, 
either  on  parole  or  permanent  discharge,  to  the  end  that  such 
patients  may  be  established  in  such  favorable  circumstances  as 
shall  tend  to  prevent  their  relapse  into  insanity,  and  shall  re¬ 
port  on  the  progress  of  such  former  patients  to  the  State  Board 
of  Charities  and  Corrections,  and  under  its  direction,  to  the  in¬ 
stitution  from  which  they  have  been  paroled  or  discharged. 

Section  13.  OVERSIGHT  OF  PRISONERS  PLACED 
ON  PAROLE  OR  PROBATION.— The  County  Boards  of  Public 
Welfare  shall  give  such  oversight  and  supervision  to  prisoners 
who  are  on  parole  from  the  State  Penitentiary  and  are  residing 
in  their  respective  counties  as  may  be  requested  by  the  State 
Prison  Board  and  shall  report  upon  the  progress  of  said  paroled 
prisoners  to  the  State  Prison  Board  as  often  as  they  request. 

The  County  Board  of  Public  Welfare  in  each'  county  shall 
give  such  oversight  and  supervision  to  persons  who  are  on  pa¬ 
role  from  the  Missouri  Reformatory  or  to  such  girls  as  may  be 
on  parole  from  the  State  Industrial  Home  for  Girls  or  from  the 
State  Industrial  Home  for  Negro  Girls,  as  the  proper  authorities 
of  these  respective  institutions  request,  and  shall  report  to  said 


224 


Report  of  the  Missouri 


146 


institutions  upon  the  progress  of  those  persons  on  parole  from 
them  as  often  as  they  are  requested  by  said  state  institutions. 

The  County  Board  of  Public  Welfare  in  each  county  shall 
give  oversight  and  supervision  to  prisoners  on  parole  or  proba¬ 
tion  by  any  court  in  the  State  of  Missouri  and  shall  investigate 
applications  for  clemency  when  requested  to  do  so  by  said 
courts,  and  shall  report  in  regard  to  each  person  placed  under 
its  supervision  to  the  court  placing  said  person  under  its  super¬ 
vision. 

The  County  Board  of  Public  Welfare  shall  also  give  over¬ 
sight  and  supervision  to  children  placed  on  parole  or  probation 
by  the  juvenile  court  or  the  court  having  jurisdiction  of  chil¬ 
dren’s  cases  in  any  county  in  the  state  when  requested  to  do  so 
by  said  court  and  shall  report  to  said  court  upon  the  progress  of 
persons  thus  placed  on  parole  or  probation. 

Section  14.  RECREATION. — The  County  Board  of  Pub¬ 
lic  Welfare  shall  have  the  power  to  issue  and  revoke  licenses  for 
all  commercial  amusements  operated  in  the' county  outside  the 
limits  of  any  incorporated  city  or  town,  and  to  make  rules  and 
regulations  governing  the  conduct  of  such  commercial  amuse¬ 
ments. 

Section  15.  OVERSIGHT  OF  DEPENDENT  CHILDREN. 
The  County  Board  of  Public  Welfare  in  each  county  shall  act  as 
local  representative  of  the  Children’s  Bureau  of  the  State  Board 
of  Charities  and  Corrections  and  shall,  upon  the  request  of  said 
bureau,  assist  in  finding  suitable  foster  homes  and  shall  report 
to  said  State  Board  of  Charities  and  Corrections  up  >n  the  prog¬ 
ress  and  welfare  of  children  who  have  been  placed  in  foster 
homes  by  the  Bureau  for  Children. 

Section  16.  ASSISTING  STATE  EMPLOYMENT  BU¬ 
REAUS. — The  County  Board  of  Public  Welfare  in  each  county 
shall  co-operate  with  the  State  Free  Employment  Bureaus  and 
shall,  upon  the  request  of  the  head  of  such  bureaus,  furnish 
data  with  regard  to  the  opportunities  for  employment  in  their 
respective  counties  and  shall  aid  and  assist  in  any  practical  way 
in  securing  employmentf  or  the  unemployed  of  their  respective 
counties. 

Section  17.  INVESTIGATION  INTO  THE  CAUSES  OF 
DISTRESS. — It  shall  be  the  duty  of  the  County  Board  of  Pub¬ 
lic  Welfare  to  investigate  the  conditions  of  living  among  the 
poor,  sick  and  delinquent  in  the  county  and  to  examine  thor¬ 
oughly  into  the  causes  of  crime  and  poverty  in  the  county  and 


46] 


Children’s  Code  Commission. 


225 


to  make  recommendations  from  time  to  time  to  the  State  Board 
of  Charities  and  Corrections  and  to  proper  local  authorities  as 
to  any  change  or  any  legislation  necessary  to  prevent  or  reduce 
poverty,  crime  or  distress  in  the  state.  The  investigators  of 
said  Board  of  Public  Welfare  may  be  deputized  as  agents  of  the 
State  Bureau  of  Labor  Statistics  and  when  they  are  so  deputized 
by  the  State  Bureau  of  Labor  Statistics  they  shall  exercise  all 
of  the  authority  to  make  investigations  which  is  granted  to  the 
State  Bureau  of  Labor  Statistics. 

Section  18.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  ATTENDANCE  OFFICER.— The 
County  Superintendent  of  Public  Welfare,  upon  the  request  of 
any  board  having  charge  of  a  public  school  in  any  district  in 
the  county,  shall  act  as  attendance  officer  to  enforce  the  provi¬ 
sions  of  Sections  10886  to  10905,  inclusive,  of  the  Revised  Stat¬ 
utes  of  1909,  with  such  additional  compensation,  if  my,  as  may 
be  ordered  by  the  county  court  or  by  the  Board  of  Education  of 
the  school  district,  and  in  any  such  case  shall  have  all  the  powers 
and  duties  of  an  attendance  officer,  as  provided  by  the  aforesaid 
sections  or  other  similar  acts. 

Section  19.  COUNTY  SUPERINTENDENT  OF  PUBLIC 
WELFARE  TO  ACT  AS  ADMINISTRATOR.— The  County 
Superintendent  of  Public  Welfare  may  be  appointed  as  adminis¬ 
trator  of  small  estates  of  widows  or  children  by  the  probate 
court  and  when  he  is  so  appointed  he  shall  act  in  that  capacity 
without  pay  so  long  as  he  is  County  Superintendent  of  Public 
Welfare. 

Section  20.  INCONSISTENT  AND  CONFLICTING 
ACTS  REPEALED.— All  acts  and  parts  of  acts  inconsistent 
or  in  conflict  with  this  act  are  hereby  repealed,  provided  that  this 
act  shall  not  be  construed  to  apply  to  the  City  of  St.  Louis,  and 
provided  that  this  act  shall  not  be  construed  to  repeal  or  amend 
House  bill  No.  568  of  the  Session  Acts  of  1913,  pages  134  to 
137,  which  provides  for  Social  Welfare  Boards  in  certain  coun¬ 
ties. 

II. 

An  act  to  repeal  Article  4  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  including  Sections  1333  to  1350,  inclu¬ 
sive,  and  to  substitute  therefor  a  new  article  to  be  known  as  Article 
4  of  Chapter  19,  with  sections  numbered  from  1333  to  1351,  in¬ 
clusive. 


46—15 


226 


Report  of  the  Missouri 


[46 


BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Article  4  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909,  including  Sections  1333  to  1350,  inclu- 
ive,  be  and  the  same  is  hereby  repealed ,  and  there  is  substituted 
in  lieu  therefor  a  new  article ,  to  be  known  as  Article  4  of  Chapter  19, 
with  sections  numbered  from  1333  to  1351,  as  follows: 

Section  1333.  COUNTY  TO  SUPPORT  POOR.— Poor 
persons  shall  be  relieved,  maintained  and  supported  by  the 
county  of  which  they  are  inhabitants. 

Section  1334-a.  WHO  DEEMED  POOR. — Aged,  infirm, 
lame,  blind,  sick  or  destitute  persons,  who  are  unable  to  sup¬ 
port  themselves,  and  when  there  are  no  other  persons  required 
by  law  and  able  to  maintain  them,  shall  be  deemed  poor  per¬ 
sons. 

Section  1334-b.  STATE  ALLOWANCES  FOR  CERTAIN 
POOR  PERSONS.— All  needy  and  deserving  widows  and 
wives  whose  husbands  are  in  any  state  prison,  penitentiary,  in¬ 
sane  asylum  or  other  state  charitable  or  correctional  institutions, 
disabled  persons  and  those  dependent  upon  such  persons,  shall 
be  entitled  to  systematic  and  adequate  relief,  and  where  such 
persons  have  not  sufficient  resources  of  their  own  or  support 
from  relations  to  provide  adequately  for  them  and  their  de¬ 
pendents,  stated  allowance  for  such  adequate  support  may  be 
provided  by  the  County  Board  of  Public  Welfare  in  the  county 
in  which  they  reside  and  shall  be  furnished  to  them  according 
to  the  further  provisions  of  this  act. 

Section  1335.  WHO  DEEMED  AN  INHABITANT.— No 
person  shall  be  deemed  an  inhabitant  within  the  meaning  of 
this  article  who  has  not  resided  within  the  county  for  a  period  of 
twelve  months  next  preceding  the  time  of  any  order  being  made 
respecting  such  poor  person,  or  who  shall  have  removed  from 
another  county  for  the  purpose  of  imposing  the  burden  of  keep¬ 
ing  such  poor  person  on  the  county  in  which  relief  is  sought. 
Whenever  a  decision  has  been  rendered  by  the  State  Board  of 
Charities  and  Corrections  indicating  that  a  person  is  properly  a 
burden  upon  the  charities  of  any  county  of  this  state,  it  shall  be 
the  duty  of  the  County  Board  of  Public  Welfare  to  assume  over¬ 
sight  of  such  person  and  it  shall  be  unlawful  for  any  public 
authority  to  such  county  to  avoid  the  support  or  care  of  such 
person  by  transporting  him  or  her  outside  the  county  or  aiding 
in  such  transportation. 


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227 


Section  1336.  COUNTY  COURT  TO  PROVIDE  FOR 
THE  SUPPORT  OF  THE  POOR.— The  county  court  of  each 
county  shall  provide  the  necessary  funds  to  the  County  Board 
of  Public  Welfare  for  the  relief,  maintenance  and  support  of 
the  poor. 

Section  1337-a.  COUNTY  BOARD  OF  PUBLIC  WEL¬ 
FARE  TO  EXERCISE  DISCRETION— WHEN.— The  exclu¬ 
sive  power  to  grant  stated  weekly  allowances  under  this  act  and 
also  to  determine  and  pass  upon  all  allowances  for  public  out¬ 
door  relief  made  to  poor  persons,  and  to  decide  who  shall  be  en¬ 
titled  to  relief  in  the  county  infirmary,  poorhouse  or  county  hos¬ 
pital  in  each  county  in  Missouri  shall  be  vested  in  the  County 
Board  of  Public  Welfare  of  said  county;  provided,  however,  that 
no  child  under  sixteen  years  of  age  shall  be  kept,  lodged  or  em¬ 
ployed  in  or  about  any  county  or  city  almshouse  for  a  period 
exceeding  ninety  days.  Said  board  shall  at  all  times  use  its 
discretion  and  grant  relief  to  all  persons  who  may  require  its  assist¬ 
ance  without  regard  to  residence,  and  shall  advise  the  county 
court  in  regard  to  who  shall  be  entitled  to  be  recognized  as 
county  charges  and  sent  at  the  expense  of  the  county  to  any  of 
the  state  charitable  institutions. 

Section  1337-b.  INVESTIGATION  OF  APPLICANTS.— 
The  Board  of  Public  Welfare  in  each  county  shall  investigate 
thoroughly  the  applications  of  all  persons  for  stated  allowance 
under  this  act,  or  for  any  public  relief  of  any  kind,  and  such  in¬ 
vestigation  shall  be  made  in  the  manner  and  form  prescribed 
by  the  State  Board  of  Charities  and  Corrections,  to  the  end  that 
uniform  records  and  rules  of  procedure  may  prevail  in  all  coun¬ 
ties,  and  a  full  record  of  all  the  pertinent  facts  in  regard  to  each 
applicant  shall  be  kept  on  file  and  open  to  the  inspection  of  the 
county  court  or  the  State  Board  of  Charities  and  Corrections. 

Section  1338.  MAY  ALLOW  FUNERAL  EXPENSES.— 
The  County  Board  of  Public  Welfare  of  each  county  shall  allow 
such  sum  as  it  shall  think  reasonable  for  the  funeral  expenses 
of  any  person  who  shall  die  within  the  county  without  means  to 
pay  such  funeral  expenses. 

Section  1339.  MAY  PURCHASE  OR  LEASE  LAND.— The 
county  court  shall  have  power,  whenever  it  may  think  it  expedi¬ 
ent,  to  purchase  or  lease  any  quantity  of  land  in  the  county,  not 
exceeding  three  hundred  and  twenty  acres,  and  receive  a  con¬ 
veyance  to  the  county  for  the  same. 

Section  1340.  MAY  ERECT  POORHOUSE  ON  LEASED 
LANDS,  ETC. — Such  county  court  may  cause  to  be  erected  on 


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[46 


the  land  so  purchased  or  leased  a  convenient  poorhouse  or 
houses,  and  cause  other  necessary  labor  to  be  done,  and  re¬ 
pairs  and  improvements  made,  and  may  appropriate  from  the 
revenue  of  their  respective  counties  such  sum  as  will  be  suffi¬ 
cient  to  pay  the  purchase  money  in  one  or  more  payments,  to 
improve  the  same,  and  to  defray  the  necessary  expenses. 

Section  1341.  SUPERINTENDENT  SHALL  BE  AP¬ 
POINTED. — Whenever  such  poorhouse  or  houses  are  erected, 
the  County  Board  of  Public  Welfare  shall  have  the  power  to 
appoint  a  fit  and  discreet  person  to  superintend  the  same  and 
the  poor  who  may  be  kept  thereat,  and  to  allow'  such  superin¬ 
tendent  a  reasonable  compensation  for  his  services. 

Section  1342.  POWERS  OF  SUPERINTENDENT.— Such 
superintendent  shall  have  power  to  cause  persons  kept  at  such 
poorhouse,  who  are  able  to  do  useful  labor,  to  perform  the  same 
by  reasonable  and  h  imane  coercion. 

Section  1343.  THE  COUNTY  BOARD  OF  PUBLIC  WEL¬ 
FARE  SHALL  MAKE  NECESSARY  ORDERS  AND  RULES.— 
The  County  Board  of  Public  Welfare  shall  have  power  to  make 
all  necessary  and  proper  orders  and  rules  for  the  support  and 
government  of  the  poor  kept  at  such  poorhouses,  and  for  supply¬ 
ing  them  with  the  necessary  raw  materials  to  be  converted  by 
their  labor  into  articles  of  use,  and  for  the  disposing  of  the  prod¬ 
ucts  of  such  labor  and  applying  the  proceeds  thereof  to  the 
support  of  the  institution. 

Section  1344.  COUNTY  COURTS  SHALL  PROVIDE 
NECESSARY  AMOUNTS  FOR  THE  ANNUAL  SUPPORT.— 
The  County  Board  of  Public  Welfare  shall  maintain  the  county 
poorhouse  out  of  funds  apportioned  to  it  by  the  county  court. 

Section  1345.  MAY  REMOVE  SUPERINTENDENT.— 
The  County  Board  of  Public  Welfare  may  at  any  time,  for  good 
cause,  remove  the  superintendent  and  appoint  another  to  fill 
the  vacancy. 

Section  1346.  SUPERINTENDENT  TO  KEEP  REC¬ 
ORDS. — It  shall  be  the  duty  of  the  superintendent  of  the  poor 
farm,  as  provided  for  in  this  article,  to  keep  records  with  regard 
to  all  his  financial  transactions  and  with  regard  to  the  important 
facts  concerning  the  inmates,  and  such  records  shall  be  kept  in 
form  and  manner  as  may  be  prescribed  by  the  State  Board  of 
Charities  and  Corrections. 

Section  1347.  PENALTY  FOR  FAILURE  TO  KEEP 
PROPER  RECORDS. — Should  the  superintendent  of  the  poor 


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229 


farm  fail  or  refuse  to  keep  proper  records,  this  failure  or  refusal 
would  be  sufficient  cause  for  removal  by  the  County  Board  of 
Public  Welfare. 

Section  1348.  MONEY  TO  BE  PAID  INTO  THE  TREAS¬ 
URY. — All  money  that  shall  come  into  the  hands  of  the  super¬ 
intendent  from  the  sale  of  farm  products,  stock  or  other  articles 
belonging  to  the  county  and  all  other  money  belonging  to  the 
county  that  shall  come  into  his  hands  from  other  sources,  ex¬ 
cept  by  warrants  drawn  in  his  favor  by  the  County  Board  of 
Public  Welfare,  shall  be  paid  into  the  county  treasury  and 
placed  with  the  fund  appropriated  to  the  County  Board  of 
Public  Welfare,  and  a  receipt  taken  for  the  same. 

Section  1349.  SUPERINTENDENT  TO  GIVE  BOND.— 
Every  superintendent  before  entering  upon  his  duties  shall 
enter  into  a  bond  to  the  State  of  Missouri  in  a  sum  not  less  than 
five  hundred  (500)  nor  more  than  three  thousand  (3,000)  dol¬ 
lars,  to  be  determined  by  the  County  Board  of  Public  Welfare, 
conditioned  that  he  will  faithfully  account  for  all  money  be¬ 
longing  to  the  county  that  shall  come  into  his  hands,  and  that 
he  will  exercise  due  diligence  and  care  over  property  belonging 
to  the  county,  under  his  control.  Said  bond  shall  be  approved 
by  the  County  Board  of  Public  Welfare  and  filed  with  the  sec¬ 
retary  thereof. 

Section  1350.  NOT  APPLICABLE  TO  CERTAIN  COUN¬ 
TIES. — Provided,  that  the  four  preceding  sections  shall  not 
apply  to  any  county  where  the  support  and  keeping  of  the  poor 
is  let  out  by  contract,  nor  to  any  county  where  the  superintend¬ 
ent  rents  or  leases  the  poor  farm  and  stocks  the  same  and  fur¬ 
nishes  the  necessary  farm  implements  used  thereon  at  his  own 
expense,  and  carries  on  said  farm  at  his  own  expense,  but  the 
power  to  arrange  such  contracts  for  keeping  the  poor  or  such 
lease  of  the  poor  farm  shall  rest  entirely  with  the  County  Board  of 
Public  Welfare  and  the  terms  of  the  contract  shall  be  such  that 
the  County  Board  of  Public  Welfare  can  control  the  standard  of 
care  given  to  the  poor  and  the  kind  of  records  kept  with  regard 
to  them. 

Section  1351.  INCONSISTENT  AND  CONFLICTING 
ACTS  REPEALED. — All  acts  and  parts  of  acts  inconsistent  or 
in  conflict  with  this  act  are  hereby  repealed,  provided  that  this 
act  shall  not  apply  to  the  City  of  St.  Louis. 


230 


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[46 


III. 

An  act  to  amend  Article  5  of  Chapter  19  of  the  Revised  Stat¬ 
utes  of  Missouri  of  1909  bp  amending  Section  135 2  of  said  Re¬ 
vised  Statutes  by  striking  out  in  the  third  line  of  said  section  the 
words  “ such '  county  court ”  and  substituting  in  lieu  thereof  the 
words  “ the  County  Board  of  Public  Welfare”,  and  by  striking 
out  in  the  fourth  line  of  said  section  the  words  “ county  court ”  and 
inserting  in  lieu  thereof  the  words  “County  Board  of  Public  Wel¬ 
fare”;  also  to  repeal  Section  1353  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  and  to  substitute  therefor  a  new  section ,  to  be  known 
as  Section  1353;  also  by  adding  two  new  sections  to  said  Article 
5,  to  be  known  as  Sections  1365-a  and  1365-6. 

BE  IT  ENACTED  BY  THE  GENERAL  ASSEMBLY 
OF  THE  STATE  OF  MISSOURI ,  AS  FOLLOWS: 

Section  1.  That  Section  1352  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be  and  the  same  is  hereby  amended  by  striking  out 
in  the  third  line  of  said  section  the  words  “such  county  court ”  and 
substituting  in  lieu  thereof  the  following  words:  “the  County  Board 
of  Public  Welfare”,  and  by  striking  out  in  the  fourth  line  of  said 
section  the  words  “county  court ”  and  substituting  in  lieu  thereof 
the  following  words:  “County  Board  of  Public  Welfare”,  so  that 
the  section  as  amended  shall  read  as  follows: 

Section  1352.  COUNTY  POOR  TO  BE  KEPT  IN 
COUNTY  HOSPITAL. — Whenever  a  county  hospital  is  estab¬ 
lished  and  built  by  the  county  court,  as  provided  by  Section 
1351  of  this  article,  it  shall  be  the  duty  of  the  County  Board  of 
Public  Welfare  to  place  therein  all  of  the  poor  persons  that  the 
County  Board  of  Public  Welfare  shall  deem  proper  to  place  in 
said  county  hospital,  who  shall  be  kept  there  and  treated. 

Section  2.  That  Section  1353  of  the  Revised  Statutes  of  Mis¬ 
souri  of  1909  be  and  the  same  is  hereby  repealed  and  there  is  sub¬ 
stituted  therefor  a  new  section  to  be  known  as  Section  1353  as 
follows: 

Section  1353.  COUNTY  BOARDS  OF  PUBLIC  WEL¬ 
FARE  TO  MAKE  RULES  AND  REGULATIONS.— The  County 
Board  of  Public  Welfare  of  any  such  county  shall  make  all  rules 
and  regulations  for  the  government  of  such  a  hospital,  appoint  and 
employ  such  officers  and  attendants  as  in  their  judgment  may  be 
proper,  prescribe  their  duties  and  fix  their  compensation.  The  ex- 


46] 


Children's  Code  Commission. 


231 


penses  of  maintaining  such  hospital,  including  the  compensa¬ 
tion  of  officers  and  employes  thereof,  shall  be  paid  out  of  the 
general  revenue  fund  of  such  counties,  or  from  the  same  sources 
as  are  provided  by  law  for  caring  for  the  poor  by  counties. 

Section  3.  That  the  following  new  sections  are  hereby  en¬ 
acted ,  to  be  known  as  Sections  1365-a  and  1365 -b,  as  follows: 

Section  1365-a.  PENALTY  FOR  THE  VIOLATION  OF 
THE  PROVISIONS  OF  THIS  ACT.— Any  person  or  corpora¬ 
tion  who  shall  violate  any  of  the  provisions  of  Sections  1352  or 
1353,  or  any  of  the  lawful  orders  or  regulations  of  the  State 
Board  of  Charities  and  Corrections  or  of  the  County  Boards  of 
Public  Welfare,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed¬ 
ing  one  hundred  (100)  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  fifty  (50)  days. 

Section  1365-b.  APPROPRIATION. — There  is  hereby  ap¬ 
propriated  out  of  the  moneys  in  the  general  revenue  fund,  not 

otherwise  appropriated,  the  sum  of  ( - )  dollars  to  the 

State  Board  of  Charities  and  Corrections  for  the  purpose  of  ex¬ 
ecuting  the  provisions  of  this  act  in  so  far  as  the  State  Board  of 
Charities  and  Corrections  is  charged  with  the  execution  of  the 
provisions  of  this  act. 

Section  4.  INCONSISTENT  AND  CONFLICTING  ACTS 
REPEALED. — All  acts  and  parts  of  acts  inconsistent  or  in  con¬ 
flict  with  this  act  are  hereby  repealed,  provided  that  this  act 
shall  not  be  construed  to  apply  to  the  City  of  St.  Louis. 


V 


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